Landlord Can't Evict Tenant After HPD Rescinded Vacate Order

June 30, 2009

LVT Number: #21287

Landlord sued to evict rent-stabilized tenant. Landlord claimed that HPD issued a vacate order in 2005. Tenant's occupancy in the apartment therefore was illegal. Tenant asked the court to dismiss the case. The vacated order was issued before tenant moved into the apartment and was based on building conditions. But in January 2006, HPD rescinded the vacate order after finding that the conditions had been sufficiently abated. The court ruled for tenant. Since the grounds for the eviction no longer existed, the case should be dismissed.

Landlord sued to evict rent-stabilized tenant. Landlord claimed that HPD issued a vacate order in 2005. Tenant's occupancy in the apartment therefore was illegal. Tenant asked the court to dismiss the case. The vacated order was issued before tenant moved into the apartment and was based on building conditions. But in January 2006, HPD rescinded the vacate order after finding that the conditions had been sufficiently abated. The court ruled for tenant. Since the grounds for the eviction no longer existed, the case should be dismissed.

Sirju-Kar Corp. v. Carpenter: NYLJ, 6/5/09, p. 27, col. 3 (Civ. Ct. Kings; Scheckowitz, J)

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