of Settlement also provided that this Court would not dismiss this case, but would instead, place it on the suspense calendar for a period not to exceed three years. Id. During that time, the Landlords had the right to reinstate the action, upon thirty days notice, if the defendants failed to implement the initiatives contained in the Statement of Intention. Id.
By motion dated November 18, 1992, the Landlords, in response to what they believed was a failure on the part of the Housing Court to abide by the Stipulation of Settlement and Statement of Intention, requested that this action be restored to the Court's active docket and that leave be granted to file an amended complaint. Thereafter, on December 4, 1992, at a pre-motion conference, the Court orally granted plaintiffs' request to restore the case to the active docket and file an amended complaint.
On November 19, 1992, the amended complaint was filed, alleging the continued commission of the acts cited in the original complaint, as well as new and additional actions violating the Landlords' rights. Specifically, the Landlords now contend that the defendants: (1) use an inquest procedure, rather than summarily enter default judgments on sums certain, to determine rents due; (2) delay the issuance of warrants on mere technicalities; (3) sign multiple, frivolous orders to show cause; (4) demonstrate systematic anti-owner bias by, among other things, permitting anti-owner literature to be placed on tenant information tables while material placed on landlord information tables is censored; and (5) violate the letter and spirit of the Statement of Intention, entered into simultaneously with the Stipulation and Order of Settlement, as evidenced by numerous complaints lodged against various judges. See Amended Complaint at PP 70-73, 89, 131-34.
III. Motion to Intervene
Presently before the Court is the Proposed Intervenors' motion, pursuant to Rule 24 of the Federal Rules of Civil Procedure, to intervene as of right, or in the alternative, by permission. Specifically, the Proposed Intervenors claim that the current defendants could not, and should not, be expected to represent the interest of tenants who litigate in Housing Court. Moreover, the Proposed Intervenors claim that, without their presence in the lawsuit, the Court will have an unequal picture of the operation of the Housing Court. This skewed perspective, they believe, will result in relief that severely prejudices tenants who litigate in Housing Court.
The Housing Court does not oppose Proposed Intervenors' request to intervene. The Landlords, however, oppose the Proposed Intervenors' motion to intervene, claiming that the criteria for permissive intervention and intervention as of right have not been met. The Landlords contend that intervention as of right should be denied because: (1) the motion was not filed in a timely fashion; (2) the Proposed Intervenors have not demonstrated an interest in the action and hence cannot claim that such interest will be impaired; and (3) the Proposed Intervenors are already adequately represented by defendants. Moreover, the Landlords claim that the Proposed Intervenors and defendants do not share a common question of law or fact, and thus permissive intervention should also be denied. For the reasons set forth below, the Court finds that permissive intervention is warranted.
I. Intervention as of Right
Rule 24(a)(2) of the Federal Rules of Civil Procedure states that, upon timely application, intervention is necessary when
the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing Parties.