Hearing Officer's Findings Don't Match Eviction Notice Charges

July 31, 2003

LVT Number: 16711

HPD issued an eviction certificate authorizing Mitchell-Lama landlord to evict tenant. Tenant appealed HPD's decision. The court ruled for tenant. HPD had sent tenant a notice of grounds for eviction, claiming that tenant misrepresented her qualifications for the apartment, as well as her household composition and income, that she didn't use the apartment as her primary residence, and sublet or assigned the apartment without landlord's consent.

HPD issued an eviction certificate authorizing Mitchell-Lama landlord to evict tenant. Tenant appealed HPD's decision. The court ruled for tenant. HPD had sent tenant a notice of grounds for eviction, claiming that tenant misrepresented her qualifications for the apartment, as well as her household composition and income, that she didn't use the apartment as her primary residence, and sublet or assigned the apartment without landlord's consent. After a hearing, an HPD hearing officer issued an eviction certificate based on a finding that tenant didn't follow the legal procedure for getting the apartment and her tenancy was never approved by HPD. The hearing officer's findings didn't match the charges stated in the eviction notice.

Ye v. HPD: NYLJ, 7/16/03, p. 18, col. 2 (Sup. Ct. NY; Tolub, J)

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