HPD Improperly Issued Certificate of Eviction Against Mitchell-Lama Tenant

Landlord of Mitchell-Lama building applied to HPD for a certificate of eviction against tenant. HPD scheduled a hearing in January 2015. Tenant failed to appear, and the hearing was adjourned. When tenant again failed to appear, HPD issued the certificate of eviction and landlord commenced an eviction proceeding. Tenant then asked State Supreme Court to stop the eviction proceeding. All sides agreed to delay the eviction proceeding while the court decided tenant's claim. Tenant claimed that HPD improperly issued the certificate of eviction without holding a hearing. The court ruled for tenant. HPD was required to hold a hearing with tenant present, to determine if eviction was warranted. HPD can waive a hearing in emergency situations only, such as where a tenant endangers the health or safety of other building residents. And tenant, by her attorneys, showed that she had mental health problems that made it impossible for her to appear or otherwise properly represent her position before HPD without assistance.

Delgado v. Been: 2018 NY Slip Op 28085, 2018 WL 1412942 (Sup. Ct. NY; 3/21/18; St. George, J)