Thomas Diana, a Brooklyn landlord who owns an eight-unit building in Park Slope, says he has spent nearly nine years entangled in litigation over a single apartment, with unpaid rent and legal fees totaling what he estimates to be between $275,000 and $325,000. The dispute centers on whether the apartment was improperly removed from rent-stabilization protections after the death of an elderly disabled tenant who had lived there.
The woman at the center of the case originally moved into Diana's building in 2014 as a live-in companion for the elderly tenant, responding to a Craigslist advertisement seeking assistance. When that tenant died in 2016, disputes arose over whether the apartment remained subject to rent stabilization laws and what rent obligations applied going forward.
Diana told Fox News Digital that he has repeatedly sought to regain possession of the unit, only to face delays as opposing counsel changed at least eight times during the proceedings. "Every time the case gets close to resolution, there's another delay, another lawyer change, another new story," Diana said.
"It drained my daughter's college fund," Diana added. "Now we're borrowing money to pay for college while this just keeps dragging on." Court records show that monthly use-and-occupancy payments of roughly $835 were required at one point under court stipulation, but Diana says those payments stopped years ago.
What the Left Is Saying
Housing advocates and tenant rights attorneys argue that rent stabilization laws exist precisely to protect tenants from displacement and predatory practices. They note that landlords who improperly deregulate apartments violate rules designed to keep housing affordable in a tight market.
Casey Gilfoil, an attorney with Brooklyn Legal Services representing the tenant, provided a statement to Fox News Digital disputing Diana's characterization of the case. "Mr. Diana's distortion of the facts in this case is a sad attempt to harass our client out of her rent-stabilized apartment, and he will not be successful," Gilfoil said.
Gilfoil noted that a judge has already ruled that Diana improperly removed the apartment from rent stabilization protections. Brooklyn Legal Services also stated that the tenant has funds set aside in escrow pending the court's final ruling on legal rent amounts and any damages owed.
Tenant advocacy groups generally argue that New York's rent stabilization system, while complex, serves a critical function in preventing displacement in neighborhoods like Park Slope where housing costs have risen sharply. They contend that landlords who fail to follow proper procedures when deregulating units should face full accountability.
What the Right Is Saying
Property rights advocates and landlord associations argue that cases like Diana's illustrate how New York's legal system can be weaponized against small property owners, leaving them financially vulnerable while disputes drag on for years.
Diana pushed back on the characterization that he acted improperly, stating that he followed guidance from the New York State Division of Housing and Community Renewal when deregistering the apartment years before the tenant sued. "The judge ruled there was no fraud," Diana told Fox News Digital. "She said I incorrectly destabilized the apartment. I did it as they told me to."
Diana disputed Brooklyn Legal Services' claim that his opponent has accumulated significant rent savings in escrow, arguing that court communications regarding her employment history suggest she does not have "anywhere near" $300,000 available.
During depositions, Diana said his attorney challenged what he described as 18 shifting claims from the opposing side using emails, photographs, rent records and testimony. "She got destroyed on all 18 claims," Diana said. "And once those fell apart, they just made up new ones."
What the Numbers Show
New York City's landlord-tenant court system has faced criticism for lengthy case processing times. According to data from the New York State Courts, eviction proceedings in New York City can take significantly longer than the simplified process depicted in popular media.
Diana's GoFundMe page indicates he is seeking financial assistance to cover legal fees and educational expenses. The campaign references a timeline that extends through 2023 with continued litigation pending.
Court stipulations obtained by Fox News Digital show monthly use-and-occupancy payments of approximately $835 were required at one stage, amounts Diana says stopped being paid years ago while the underlying case remained unresolved. Based on those figures and the time elapsed since payments ceased, the gap between what was owed and what was paid has contributed to the financial strain Diana describes.
The New York State Division of Housing and Community Renewal oversees rent stabilization enforcement in New York City. The agency handles complaints regarding improper deregulation and can order remediation when rules are violated.
The Bottom Line
This case illustrates ongoing tensions between property owners and tenants in New York City's regulated housing market, where disputes over rent stabilization status can persist for years without resolution.
A judge has ruled that Diana improperly deregistered the apartment but found no evidence of fraud. The remaining questions before the court involve determining the legal stabilized rent and calculating any damages owed to either party.
Diana says he will continue pursuing possession of the unit while the case remains in litigation. His attorneys have contested what he describes as shifting claims from the opposing side, arguing that earlier allegations did not withstand scrutiny during depositions.
What happens next: The case is expected to continue through New York's housing court system, where judges will determine final rent amounts and any financial obligations. Tenants and landlords alike point to this dispute as an example of how complex regulations and lengthy legal proceedings can create hardship on all sides.