Brusco v. Braun, 84 N.Y.2d 674 (1994)
In a summary proceeding for nonpayment of rent, when a tenant fails to answer the petition and proof of service is established, the court has a ministerial duty under RPAPL 732(3) to render judgment for the landlord, and mandamus will lie to compel the court to do so.
Summary
Brusco, a landlord, initiated a summary proceeding against a tenant for unpaid rent. The tenant failed to appear or answer. The Civil Court Judge, Braun, refused to enter a default judgment without an inquest, following a general practice. Brusco sought a writ of mandamus to compel the judge to enter judgment. The Court of Appeals held that RPAPL 732(3) mandates the judge to render judgment in favor of the landlord when a tenant defaults, and the requirements for service are met. The court found no discretionary authority for the judge to hold an inquest in such circumstances. This case clarifies the mandatory nature of RPAPL 732(3) in straightforward default scenarios, streamlining the process for landlords.
Facts
Brusco owned residential property and commenced a summary proceeding against a tenant for defaulting on $3,626.04 in rent. Brusco sought a judgment for the arrears, interest, attorney’s fees, possession of the premises, and a warrant to remove the tenant. The tenant was personally served with a notice of petition and petition. The tenant failed to appear or answer within five days. Brusco requested a final judgment and warrant, but the Civil Court Judge scheduled an inquest despite the tenant’s default and Brusco’s verified petition and proof of service.
Procedural History
Brusco initiated a CPLR Article 78 proceeding seeking mandamus to compel the Civil Court Judge to sign a judgment in his favor without further proceedings. The Supreme Court dismissed the petition, holding that scheduling an inquest was within the judge’s discretion. The Appellate Division modified the Supreme Court’s judgment, granting the petition for mandamus directing the judge to enter a judgment of possession and rent due in favor of the landlord. The Court of Appeals granted leave to appeal and certified the question of whether the Appellate Division’s order was properly made.
Issue(s)
Whether a Civil Court Judge retains discretion to withhold a judgment pursuant to RPAPL 732(3) when a petition demonstrates grounds for relief and the supporting papers establish proper service on the tenant, and the tenant defaults.
Holding
No, because RPAPL 732(3) mandates that “the judge shall render judgment in favor of the petitioner” when the petitioner proves service of the notice of petition and petition and the tenant fails to appear. The statute commands a specific action and dictates the result, leaving no room for judicial discretion to hold an inquest.
Court’s Reasoning
The Court of Appeals reasoned that mandamus is appropriate to compel a governmental officer to perform a ministerial duty where there is a clear legal right to the relief sought. RPAPL 732(3) establishes two factual predicates: (1) submission of an affidavit or certificate of service; and (2) failure of the tenant to respond within five days of service. If both conditions are met, the statute mandates the judge to render judgment in favor of the petitioner. The court emphasized the plain language of the statute, stating that it “not only commands an action; it dictates the result.” The court distinguished Evarts v. Kiehl, noting that it involved a situation where the judge had to determine disputed facts, a judicial function not subject to mandamus. Here, the statute resolves issues of fact against the tenant upon default. The court also rejected the argument that CPLR 3215(b) authorizes an inquest, holding that RPAPL 732 is a more specific statute that abrogates the general CPLR provision. The court noted the legislative balance in Article 7 of the RPAPL: “Article 7 represents the Legislature’s attempt to balance the rights of landlords and tenants to provide for expeditious and fair procedures for the determination of disputes involving the possession of real property”. The court noted that tenants have multiple protections including notice provisions and judicial remedies. Allowing judges to fashion additional protections would upset the legislative scheme.