Tenant Lived in Maryland

December 1, 2000

LVT Number: 14580

Landlord HPD issued a certificate of eviction against Mitchell-Lama tenant based on nonprimary residence. Tenant appealed HPD's decision. The court and appeals court ruled against tenant. HPD's decision was reasonable. HPD had proof that tenant owned a home in Maryland, that his driver's license and car registration were issued there, that his daughter attended school there, and that he paid taxes and voted there. Tenant was given sufficient notice of HPD's claim, the case was properly started, and tenant wasn't entitled to correct the nonprimary residence.

Landlord HPD issued a certificate of eviction against Mitchell-Lama tenant based on nonprimary residence. Tenant appealed HPD's decision. The court and appeals court ruled against tenant. HPD's decision was reasonable. HPD had proof that tenant owned a home in Maryland, that his driver's license and car registration were issued there, that his daughter attended school there, and that he paid taxes and voted there. Tenant was given sufficient notice of HPD's claim, the case was properly started, and tenant wasn't entitled to correct the nonprimary residence.

Studley v. NYC Dept. of Housing Preservation and Development: NYLJ, 11/20/00, p. 25, col. 2 (App. Div.1 Dept.; Williams, JP, Mazzarelli, Lerner, Buckley, Friedman, JJ)

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