Mitchell-Lama Tenant Can't Challenge Eviction

May 31, 2006

LVT Number: 18878

Landlord of Mitchell-Lama housing sued to eject apartment occupant after tenant moved out. Landlord had gotten a certificate of eviction from HPD. Occupant claimed pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. Occupant never filed a timely appeal of HPD's ruling. So occupant couldn't attack HPD's decision indirectly when landlord brought the ejectment case.

Landlord of Mitchell-Lama housing sued to eject apartment occupant after tenant moved out. Landlord had gotten a certificate of eviction from HPD. Occupant claimed pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. Occupant never filed a timely appeal of HPD's ruling. So occupant couldn't attack HPD's decision indirectly when landlord brought the ejectment case.

Bedford Gardens Co. LP v. Jacobowitz: NYLJ, 5/8/06, p. 37, col. 6 (App. Div. 2 Dept.; Miller, JP, Santucci, Rivera, Lifson, JJ)

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