Landlord Waited Eight Years Before Seeking Eviction

Landlord sued to evict occupant of Mitchell-Lama apartment eight years after HPD issued a certificate of eviction. HPD had denied occupant’s application for pass-on rights to tenant’s apartment and issued a certificate of eviction. Occupant asked the court to dismiss the case, claiming that landlord waited too long to start the eviction proceeding. The court ruled for occupant. Landlord appealed and won. Even though landlord accepted rent and annual income certifications from occupant after the certificate of eviction was issued, the certificate of eviction remained valid. Landlord can’t grant tenancy rights to Mitchell-Lama housing by waiver.

Lindsay Park Housing Corp. v. Hines: NYLJ, 6/24/10, p. 42, col. 1 (App. Term 2 Dept.; Pesce, PJ, Weston, Steinhardt, JJ)