Tenant Can't Challenge HPD Certificate of Eviction

September 30, 2003

LVT Number: 16865

Landlord sought eviction of Mitchell-Lama tenant for nonprimary residence. HPD held a hearing and ruled for landlord, issuing a certificate of eviction. Landlord then brought an eviction case in housing court. Tenant challenged HPD's certificate of eviction. The court ruled against tenant. Tenant appealed and lost. Tenant can't challenge the HPD certificate of eviction in the housing court case. If tenant wanted to appeal HPD's decision, he should have brought an Article 78 proceeding to appeal the agency's ruling.

Landlord sought eviction of Mitchell-Lama tenant for nonprimary residence. HPD held a hearing and ruled for landlord, issuing a certificate of eviction. Landlord then brought an eviction case in housing court. Tenant challenged HPD's certificate of eviction. The court ruled against tenant. Tenant appealed and lost. Tenant can't challenge the HPD certificate of eviction in the housing court case. If tenant wanted to appeal HPD's decision, he should have brought an Article 78 proceeding to appeal the agency's ruling. Tenant also claimed that landlord sent him a lease nonrenewal notice, in addition to a 30-day termination notice. But this wasn't required, since the apartment wasn't rent stabilized.

W. 95 Hous. Corp. v. Baultwright: NYLJ, 9/13/03, p. 22, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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