Article 78 Petition of HPD Decision After Evidentiary Hearing Must Be Decided by Appeals Court

LVT Number: #30423

Landlord of Mitchell-Lama building sent tenant a notice to cure, claiming that tenant didn't primarily reside in his apartment. Landlord then sought a certificate of eviction from HPD. Tenant appeared at HPD's hearing. HPD ruled for landlord after witness testimony and issued the certificate of eviction. Tenant then filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable.

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Torres v. HPD: 2019 NY Slip Op 32844(U) (Sup. Ct. NY; 9/25/29; Edmead, J)