Tenant Can't Cure Nonprimary Residence

October 15, 2015

LVT Number: #26534

Landlord sued to evict Mitchell-Lama tenant and his father after HPD granted certificates of eviction. Landlord claimed that tenant didn’t live in the apartment as his primary residence. Tenant’s father also lived in the apartment and claimed succession rights. The court ruled for landlord. Tenant’s father appealed and lost. The father claimed that tenant was improperly denied a chance to cure his nonprimary residence. But the father lacked standing to make this claim on behalf of tenant. In any event, nonprimary residence is not curable.

Landlord sued to evict Mitchell-Lama tenant and his father after HPD granted certificates of eviction. Landlord claimed that tenant didn’t live in the apartment as his primary residence. Tenant’s father also lived in the apartment and claimed succession rights. The court ruled for landlord. Tenant’s father appealed and lost. The father claimed that tenant was improperly denied a chance to cure his nonprimary residence. But the father lacked standing to make this claim on behalf of tenant. In any event, nonprimary residence is not curable. In addition, tenant didn’t appeal HPD’s decision to issue the certificates of eviction and can’t attack that decision indirectly by appealing the housing court’s decision.

 

 

 

Cadman Towers, Inc. v. Barry: 2015 NY Slip Op 51453(U), Index No. 2013-2220 (App. T. 2 Dept.; 9/30/15; Pesce, PJ Weston, Elliot, JJ)

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