Certificate of Eviction from DHCR Not Required

June 10, 2012

LVT Number: #24140

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord hadn't obtained a certificate of eviction from the DHCR and because an Article 81 guardian had been appointed for tenant. The court ruled against tenant, who appealed and lost. The housing court could rule on the primary residence question. No certificate of eviction from the DHCR was needed. And although the Article 81 proceeding barred the case from going forward without court permission, it wasn't a reason to dismiss the case.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case because landlord hadn't obtained a certificate of eviction from the DHCR and because an Article 81 guardian had been appointed for tenant. The court ruled against tenant, who appealed and lost. The housing court could rule on the primary residence question. No certificate of eviction from the DHCR was needed. And although the Article 81 proceeding barred the case from going forward without court permission, it wasn't a reason to dismiss the case.

25 West 68th Street LLC v. Lynch: NYLJ, 5/15/12, p. 22, col. 2 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

Topics

More like this