Eviction Notice Against Public Housing Tenant Vacated

December 1, 2004

LVT Number: 17723

Tenant sued landlord, asking the court to vacate landlord's eviction notice and revoke a certificate of eviction issued by HPD. The court ruled for tenant. While tenant was living in a family member's apartment, she had asked landlord to put her on a waiting list for an apartment of her own. Landlord incorrectly placed tenant on an internal transfer list. Then it transferred her to an external transfer list. But landlord didn't inform HPD of the transfer. After landlord allowed tenant to move into her own apartment, HPD ordered landlord to reclaim her apartment.

Tenant sued landlord, asking the court to vacate landlord's eviction notice and revoke a certificate of eviction issued by HPD. The court ruled for tenant. While tenant was living in a family member's apartment, she had asked landlord to put her on a waiting list for an apartment of her own. Landlord incorrectly placed tenant on an internal transfer list. Then it transferred her to an external transfer list. But landlord didn't inform HPD of the transfer. After landlord allowed tenant to move into her own apartment, HPD ordered landlord to reclaim her apartment. So landlord sent tenant the eviction notice, and HPD sent her a certificate of eviction. But since tenant didn't violate any HPD rules, HPD's order was unreasonable.

Verdell v. Lincoln Amsterdam House, Inc.: NYLJ, 11/3/04, p. 18, col. 1 (Sup. Ct. NY; Lippmann, J)

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