Landlord HDFC Denied Tenant Due Process

Landlord, a nonprofit housing development fund cooperative corporation, sued to evict tenant when her lease expired, without first sending tenant a termination notice. Tenant asked the court to dismiss the case, claiming that no reason was stated for the termination. Landlord claimed that no reason was required because tenant moved in after the HDFC conversion. The court ruled against tenant, who then asked the court to permit reargument. Tenant claimed that landlord didn't comply with federal procedural due process requirements.

Upon reconsideration, the court ruled for tenant. If a government entity meaningfully participates in the operation or control of a building so as to be significantly "entwined," eviction proceedings must comply with constitutional due process guarantees. Due process was triggered here since a government agency fixed rents, required units to be made available to persons of certain income guidelines, and restricted the use of any profits by landlord. Notice to a tenant of the reasons for lease termination is a basic procedural due process requirement. The case was dismissed.

823 East 147th Street Housing Development Fund Corp. v. Hinnant: Index No. L&T 051880/2013, NYLJ No. 1202649981134 (Civ. Ct. Bronx; 4/9/14; Vargas, J)