Landlord Can't Terminate HDFC Tenancy Without Good Cause

December 1, 2006

LVT Number: 19265

Facts: Landlord was a housing development fund corporation (HDFC) that bought a building from the City of New York that was previously managed through a tenants' interim lease program. Landlord agreed with the city to operate the building for low-income housing under the Private Housing Finance Law. Tenants remained in occupancy on a month-to-month basis after their leases expired. After tenant's lease expired, landlord sent her a 30-day termination notice and sued to evict her. Tenant asked the court to dismiss the case, saying that landlord had stated no reason for the eviction.

Facts: Landlord was a housing development fund corporation (HDFC) that bought a building from the City of New York that was previously managed through a tenants' interim lease program. Landlord agreed with the city to operate the building for low-income housing under the Private Housing Finance Law. Tenants remained in occupancy on a month-to-month basis after their leases expired. After tenant's lease expired, landlord sent her a 30-day termination notice and sued to evict her. Tenant asked the court to dismiss the case, saying that landlord had stated no reason for the eviction. Court: Tenant wins. The government was still involved in landlord's operation of the HDFC. Therefore, landlord couldn't evict tenant without constitutional due process. This meant that landlord couldn't terminate tenancy for no reason once tenant went month-to-month after the lease expired.

50 W. 112th St. HDFC v. Ali: NYLJ, 11/29/06, p. 19, col. 3 (Civ. Ct. NY; Wendt, J)

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