HPD Placed Emergency Repair Liens on Property

March 1, 1996

LVT Number: 10398

Landlord sued HPD, claiming that HPD exceeded its authority in placing emergency repair liens on landlord's building. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord received adequate notice of the charges underlying HPD's liens and didn't contest them in a timely manner. So at this point it didn't matter whether HPD could fully prove that the liens were warranted.

Landlord sued HPD, claiming that HPD exceeded its authority in placing emergency repair liens on landlord's building. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord received adequate notice of the charges underlying HPD's liens and didn't contest them in a timely manner. So at this point it didn't matter whether HPD could fully prove that the liens were warranted.

565 West 173rd Corp. v. City of New York: NYLJ, p. 27, col. 1 (2/1/96) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Kupferman, Nardelli, Tom, JJ)

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