DHCR Issued Certificate of No Objection

Landlord sued to evict tenant because her tenancy in a Mitchell-Lama cooperative wasn't approved by the DHCR. Landlord claimed that the DHCR had issued a certificate of eviction. Tenant claimed that the DHCR didn't issue a certificate of eviction. Instead, it issued a certificate of no objection. Tenant claimed that this didn't have the same effect. The court ruled for landlord. The DHCR found that tenant wasn't on the waiting list and so didn't qualify for the apartment she occupied. It issued a certificate of no objection to landlord's commencement of the eviction case. A court had denied tenant's appeal of the DHCR's decision. There were no other questions of fact. Landlord was entitled to proceed and to recover the apartment.

Trump Village Section 3, Inc. v. Dashevsky: NYLJ, 6/8/05, p. 22, col. 3 (Civ. Ct. Kings; Heymann, J)