Tenant Didn't Appeal Eviction Ruling on Time

May 31, 2006

LVT Number: 18905

Landlord asked HPD for a certificate of eviction. Landlord sought to evict occupant of a public housing development after tenant moved out. HPD ruled for landlord. Occupant appealed, claiming he had pass-on rights to the apartment. The court and appeals court ruled against occupant. Occupant appealed HPD's decision by starting a court case. But the appeal was filed too late. By law, this type of case must be filed within four months after HPD's decision. So HPD's decision was final and binding.

Landlord asked HPD for a certificate of eviction. Landlord sought to evict occupant of a public housing development after tenant moved out. HPD ruled for landlord. Occupant appealed, claiming he had pass-on rights to the apartment. The court and appeals court ruled against occupant. Occupant appealed HPD's decision by starting a court case. But the appeal was filed too late. By law, this type of case must be filed within four months after HPD's decision. So HPD's decision was final and binding.

Jacobowitz v. HPD: NYLJ, 5/8/06, p. 35, col. 3 (App. Div. 2 Dept.; Miller, JP, Santucci, Rivera, Lifson, JJ)

Topics

More like this