HPD Already Ruled Tenant's Family Member Had No Pass-On Rights

June 30, 2007

LVT Number: #19723

Landlord sued to evict remaining family member of Mitchell-Lama tenant after tenant moved out of the apartment or died. HPD had issued a certificate of eviction to landlord. Tenant's family member asked the court to dismiss the case, claiming that the certificate of eviction was improper. The court ruled against the family member. The family member appealed and lost. HPD has exclusive authority to rule on remaining family-member claims in Mitchell-Lama housing.

Landlord sued to evict remaining family member of Mitchell-Lama tenant after tenant moved out of the apartment or died. HPD had issued a certificate of eviction to landlord. Tenant's family member asked the court to dismiss the case, claiming that the certificate of eviction was improper. The court ruled against the family member. The family member appealed and lost. HPD has exclusive authority to rule on remaining family-member claims in Mitchell-Lama housing. HPD's decision can be appealed directly, but the family member can't take issue with HPD's decision in a housing court eviction proceeding.

Chinatown Apartments Inc. v. Chow: NYLJ, 6/28/07, p.28, col. 1 (App. T. 1 Dept.; McCooe, JP, Schoenfeld, Heitler, JJ)

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