HPD Properly Issued Certificate of Eviction

December 1, 2007

LVT Number: #20023

Landlord of subsidized housing asked HPD for a certificate of eviction so it could proceed against tenant. Landlord claimed that the apartment wasn't tenant's primary residence. HPD ruled for landlord. Tenant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled against tenant. HPD's decision was supported by substantial evidence. This included tenant's failure to file annual income statements, testimony of landlord's staff and investigator, and tenant's failure to testify at the hearing before HPD.

Landlord of subsidized housing asked HPD for a certificate of eviction so it could proceed against tenant. Landlord claimed that the apartment wasn't tenant's primary residence. HPD ruled for landlord. Tenant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled against tenant. HPD's decision was supported by substantial evidence. This included tenant's failure to file annual income statements, testimony of landlord's staff and investigator, and tenant's failure to testify at the hearing before HPD. Tenant also now tried to raise a claim of pass-on rights for a family member, but this wasn't raised before HPD.

Kaufman v. HPD: NYLJ, 11/5/07, p. 25, col. 6 (App. Div. 1 Dept.; Lippman, PJ, Mazzarelli, Friedman, Marlow, Buckley, JJ)

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