Tenants Violated Section 8 Lease by Making Unauthorized Renovations

September 30, 2003

LVT Number: 16839

After an HPD hearing, landlord sued to evict Section 8 tenants for making substantial and unauthorized renovations in their apartment. Landlord asked the court to rule in its favor without a trial, claiming that there were no issues of fact that needed to be decided. The court ruled against landlord. Landlord appealed and won. Tenants didn't appear at the HPD hearing, and HPD ruled for landlord based on tenants' default. HPD also gave tenants a chance to submit additional information after their default, but tenants didn't do so.

After an HPD hearing, landlord sued to evict Section 8 tenants for making substantial and unauthorized renovations in their apartment. Landlord asked the court to rule in its favor without a trial, claiming that there were no issues of fact that needed to be decided. The court ruled against landlord. Landlord appealed and won. Tenants didn't appear at the HPD hearing, and HPD ruled for landlord based on tenants' default. HPD also gave tenants a chance to submit additional information after their default, but tenants didn't do so. HPD ruled that landlord could proceed with the eviction case based on tenants' unauthorized renovations. Tenants couldn't attack HPD's decision by seeking a new trial from the court.

Bedford Gardens Co. v. Berkowitz: NYLJ, 9/2/03, p. 24, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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