Occupant Can Raise Pass-On Claim in Eviction Case

May 31, 2006

LVT Number: 18893

Landlord got an administrative ruling from HPD, approving its request to start an eviction case against occupant of a Mitchell-Lama apartment. Occupant appealed HPD's decision. The court ruled that civil court was the proper forum for the landlord-tenant dispute. Landlord then sued to evict occupant. Occupant claimed pass-on rights. Landlord argued that HPD had already denied occupant's pass-on claim. The court ruled for landlord, and occupant appealed. The appeals court ruled for occupant. Occupant wasn't given any meaningful review of HPD's decision in the prior court case.

Landlord got an administrative ruling from HPD, approving its request to start an eviction case against occupant of a Mitchell-Lama apartment. Occupant appealed HPD's decision. The court ruled that civil court was the proper forum for the landlord-tenant dispute. Landlord then sued to evict occupant. Occupant claimed pass-on rights. Landlord argued that HPD had already denied occupant's pass-on claim. The court ruled for landlord, and occupant appealed. The appeals court ruled for occupant. Occupant wasn't given any meaningful review of HPD's decision in the prior court case. So he should be allowed to raise his pass-on claim in housing court. The case was sent back for a new trial.

Westwood Houses, Inc. v. Hayes: NYLJ, 5/24/06, p. 28, col. 2 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, J)

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