Court Can Rule Despite Incomplete Hearing Transcript

April 30, 2007

LVT Number: #19587

Landlord asked HPD for permission to seek eviction of subsidized tenant. After a hearing, HPD ruled for landlord. Tenant appealed HPD's decision, claiming it was arbitrary and unreasonable. Tenant also argued that HPD's decision should be revoked because portions of the hearing transcript were missing. The court ruled against tenant. The court was able to give meaningful review to the record of the proceeding, based on available portions of the transcript and documents submitted to HPD.

Landlord asked HPD for permission to seek eviction of subsidized tenant. After a hearing, HPD ruled for landlord. Tenant appealed HPD's decision, claiming it was arbitrary and unreasonable. Tenant also argued that HPD's decision should be revoked because portions of the hearing transcript were missing. The court ruled against tenant. The court was able to give meaningful review to the record of the proceeding, based on available portions of the transcript and documents submitted to HPD. There was substantial proof supporting HPD's decision to permit landlord to go forward with eviction proceeding.

Weinstein v. HPD: NYLJ, 4/23/07, p. 31, col. 6 (App. Div. 2 Dept.; Miller, JP, Mastro, Ritter, Balkin, JJ)

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