HPD Shelter Expenses Charged to Landlord Were Excessive

July 14, 2015

LVT Number: #26260

Landlord sued to discharge a lien for hotel expenses incurred by HPD for relocation of tenant from illegal cellar apartment. The court ruled against landlord, who appealed and won. HPD had filed a lien on landlord’s building for $16,425 in hotel expenses after relocating tenant.

Landlord sued to discharge a lien for hotel expenses incurred by HPD for relocation of tenant from illegal cellar apartment. The court ruled against landlord, who appealed and won. HPD had filed a lien on landlord’s building for $16,425 in hotel expenses after relocating tenant. NYC Administrative Code Section 26-305 authorizes HPD to incur and charge landlord for “moving expenses and other reasonable allowances” related to relocation of a tenant forced to move as a result of enforcement of applicable housing laws. HPD rules further state that HPD shall offer temporary shelter to displaced tenants and “pay temporary shelter benefits” [28 RCNY 18-01(b)]. But hotel expenses incurred here for tenant for one year were not a reasonable temporary shelter benefit. 

 

 

 
Enriquez v. HPD: 10 N.Y.S.3d 213, 2015 NY Slip Op 04581 (App. Div. 1 Dept.; 6/2/15; Friedman, JP, Acosta, Richter, GIsche, JJ)

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