In Metro N. Owners, LLC v. Thorpe , Metro N. Owners wanted to evict its Section 8 tenant, Sonya Thorpe.
While Metro alleged Thorpe stabbed John Capers, her "ex-husband/boyfriend," she denied attacking anyone or that she was the aggressor, and claimed to have been the victim of domestic violence when a drunken Capers forced his way into her apartment and assaulted her.
In a New York County Civil Court holdover proceeding, Thorpe contended she was protected by the Violence Against Women and Department of Justice Reauthorization Act of 2005 -- a federal law which forbids the termination of government-assisted tenancies, based on incidents of domestic violence.
Because Thorpe presented the court with copies of multiple police reports, an order of protection, and, the district attorney's office hadn't prosecuted her for the alleged stabbing, the Civil Court granted her dismissal request.
Metro's papers -- which included affidavits by its property manager and a security guard (both of whom didn't witness the incident) -- were seen as "unsubstantiated and conclusory." And, any "inconsistent" conduct by the tenant, such as allowing Carpers into the apartment, was ascribed to "battered-woman syndrome."
Did the judge get it right?
Beats me.
To download a copy of the Civil Court's decision, please use this link: Metro N. Owners, LLC v. Thorpe