Landlord Not Excused for Default in HP Proceeding

July 31, 2008

LVT Number: #20609

HPD sued landlord to compel her to cure housing code violations. The court ruled for HPD because landlord failed to appear in court. Landlord asked the court to vacate the default judgment. The court ruled against landlord. Landlord appealed and lost. Landlord had registered her contact addresses with HPD but had failed to amend the registration at any time when her address changed. So landlord couldn't argue that delivery of notices to her registered address was improper. So there was no excuse for landlord's default.

HPD sued landlord to compel her to cure housing code violations. The court ruled for HPD because landlord failed to appear in court. Landlord asked the court to vacate the default judgment. The court ruled against landlord. Landlord appealed and lost. Landlord had registered her contact addresses with HPD but had failed to amend the registration at any time when her address changed. So landlord couldn't argue that delivery of notices to her registered address was improper. So there was no excuse for landlord's default. Landlord also presented no meritorious defense to HPD's violation claims against her.

HPD v. Barrett: NYLJ, 7/31/08, p. 33, col. 3 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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