Certificate of Eviction Not Required

June 30, 1994

LVT Number: 8901

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the lawsuit, claiming that landlord had to get a certificate of eviction from the DHCR before suing her. The trial court dismissed the case, and landlord asked the court to hear the case again. This time, the court ruled for landlord. When a landlord sues a rent-controlled tenant for nonprimary residence, he doesn't need to get a certificate of eviction from the DHCR before filing a lawsuit. The civil court can rule on the eviction case.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the lawsuit, claiming that landlord had to get a certificate of eviction from the DHCR before suing her. The trial court dismissed the case, and landlord asked the court to hear the case again. This time, the court ruled for landlord. When a landlord sues a rent-controlled tenant for nonprimary residence, he doesn't need to get a certificate of eviction from the DHCR before filing a lawsuit. The civil court can rule on the eviction case.

Park Capital Corp. v. Cooper: NYLJ, p. 30, col. 5 (6/17/94) (Civ. Ct. NY; Stallman, J)

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