Opinion 93-05

January 28, 1993

Digest:         A New York City Civil Court Judge may commence a proceeding against his or her tenant in that Court, provided that the judge does not participate in that case, except as a litigant.

Rules:          22 NYCRR §100.2(a), 22 NYCRR §100.3(c)(i)

Opinion:

         A newly-elected full-time judge, who rents a condominium unit, asks whether he or she may commence a proceeding against the tenant of that unit in the court in which the judge serves.

         The inquiring judge is a judge in the New York City Civil Court, which is a multi-judge court with numerous judges and hundreds of landlord-tenant cases. In this circumstance, a judge may commence a proceeding against his or her tenant in the same court, provided that the judge does not participate in the case in any way except as a litigant. See also Opinion 90-11, Vol. V.