Defense Pleadings and Motions for Drug Holdover Proceedings
This folder contains samples of pleadings and motions defending against eviction based on "Bawdy House" laws. Sample materials are categorized by the arguments they make: the inadmissability of sealed records in court, defense against attempted evictions based on lack of acquiescence of illegal activity in the household, and defense based on the statute of limitations, among other things. The "Use of Sealed Records" folder has additional training materials for defense attorneys on keeping sealed criminal records out of housing court.
Resources
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Challenging the Role of the District Attorney Resources to challenge an ADA or prosecutor's attempts to overstep their significant, but limited, authority under the RPAPL. |
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Training materials and legal briefing related to sealing of criminal records and inadmissability of sealed records in court |
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Knowledge or Acquiescence & Ongoing Illegal Activity Memos of law defending against attempted evictions based on the lack of knowledge or acquiescence of illegal activity. |
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Nexus Between the Activity and the Subject Premises Sample language arguing for the lack of connection between illegal activity and the subject premises as a defense against eviction. |
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Motions to dismiss attempted evictions based on statute of limitations. |
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Includes a) affirmation in support of respondent's motion for limited pretrial disclosure and b) notice of appearance, demand for bill of particulars and jury demand. |
