Tenant Can't Challenge HPD Ruling During Eviction Case

HPD issued a certificate of eviction against Mitchell-Lama tenant. Landlord then sued to evict tenant. Tenant claimed that she had a right to remain in the apartment and asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. Tenant didn’t appeal HPD’s ruling and can’t attack its decision indirectly in the housing court proceeding. So tenant couldn’t raise her claim of rights to the apartment at this point.

Gouverneur Gardens Housing Corp. v. Silverman: NYLJ, 2/8/10, p. 25, col. 4 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)