Landlord Can Evict Mitchell-Lama Tenant

Landlord sued to evict Mitchell-Lama cooperative tenant after obtaining a Certificate of No Objection from the DHCR. The DHCR rules and regulations governed Mitchell-Lama housing. Before starting the court proceedings, a hearing was held before the DHCR where landlord claimed that tenant was an unauthorized occupant and had violated Mitchell-Lama waiting lists and eligibility requirements. Landlord asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant had lost her appeal of the DHCR's decision. Since the DHCR had issued its Certificate of No Objection, there were no issues of fact that required a trial. The court ruled for landlord but delayed eviction for six months provided tenant continued to pay monthly use and occupancy fees.

Trump Village Section 3 Inc. v. Kiselgof: NYLJ, 12/12/07, p. 27, col. 3 (Civ. Ct. Kings; Fiorella, J)