Landlord Started Proceeding Prematurely

Landlord City of New York sued to evict tenant's brother, claiming that he was tenant's licensee and that his license expired when tenant moved out. The brother claimed that landlord started its court action prematurely in violation of HPD's new Successor Tenant Policy (STP). Under this policy, the city must make an administrative determination as to whether an occupant has a right to remain in an apartment. Landlord claimed that the city's Unauthorized Occupancy Policy (UOP), aimed at squatters, should apply. Under the UOP, occupants have no administrative rights. The court ruled that tenant's brother had the right to administrative proceedings before any court action. Tenant's brother had applied to the city for permission to take over occupancy of the apartment before the eviction action was started. And the STP administrative guidelines gave tenant's brother a reasonable and legitimate expectation that he wouldn't be evicted before an administrative decision was issued.

[City of New York v. Garcia: NYLJ, p. 22, col. 6 (1/6/93) (Civ. Ct. NY; Malatzky, J)].