Tenant Can't Delay Eviction Proceeding

January 10, 2012

LVT Number: #23809

Landlord sued to evict to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed that the apartment was rent controlled and that he was the tenant. He subpoenaed rent and service history records from the DHCR for trial. When the DHCR failed to produce the requested records, he asked the court to hold the DHCR in contempt of court. The housing court refused. Tenant then sued the DHCR in a separate action and asked the State Supreme Court to delay the eviction case while the new action was pending.

Landlord sued to evict to evict rent-stabilized tenant's son after tenant died. Tenant's son claimed that the apartment was rent controlled and that he was the tenant. He subpoenaed rent and service history records from the DHCR for trial. When the DHCR failed to produce the requested records, he asked the court to hold the DHCR in contempt of court. The housing court refused. Tenant then sued the DHCR in a separate action and asked the State Supreme Court to delay the eviction case while the new action was pending. The court ruled against tenant, finding that the new case was an inappropriate collateral attack on the housing court's ruling. Landlord could go forward with the eviction case in housing court.

Antunes v. DHCR: Index No. 107877/2011, NYLJ No. 1202535248067 (Sup. Ct. NU; 11/21/11; Jaffe, J)

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