Certificate of No Harassment Properly Issued

April 1, 2002

LVT Number: 15706

Landlord asked HPD for permission to proceed with building renovations and stated that there had been no harassment of tenants. HPD issued a certificate of no harassment to landlord in response to its application. Some tenants appealed, claiming that HPD should have held a hearing before ruling on landlord's application. The court and appeals court ruled against tenants. HPD wasn't required to hold a hearing. HPD was only required to investigate tenant's claims of harassment and did so. There was no reason to find that HPD's decision was arbitrary or unreasonable.

Landlord asked HPD for permission to proceed with building renovations and stated that there had been no harassment of tenants. HPD issued a certificate of no harassment to landlord in response to its application. Some tenants appealed, claiming that HPD should have held a hearing before ruling on landlord's application. The court and appeals court ruled against tenants. HPD wasn't required to hold a hearing. HPD was only required to investigate tenant's claims of harassment and did so. There was no reason to find that HPD's decision was arbitrary or unreasonable.

Martha Washington Tenants Assn. v. Roberts: NYLJ, 3/14/02, p. 19, col. 5 (App. Div.1 Dept.; Saxe, JP, Rosenberger, Ellerin, Wallach, Marlow, JJ)

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