HPD Can Order Tenants to Vacate Building

April 30, 1996

LVT Number: 10542

HPD ordered tenants to vacate an SRO building. The building was 125 years old, wasn't fireproof, and few of the 26 units had access to a fire escape. There had been fires in the building, and there were other hazardous violations. Tenants appealed, and the court revoked HPD's order. HPD then appealed. The appeals court ruled for HPD and reinstated the vacate order. HPD had acted under its Procedure 1-1991, which called for immediate evacuation of a building and relocation of tenants when conditions were as potentially dangerous to health and safety as they were here.

HPD ordered tenants to vacate an SRO building. The building was 125 years old, wasn't fireproof, and few of the 26 units had access to a fire escape. There had been fires in the building, and there were other hazardous violations. Tenants appealed, and the court revoked HPD's order. HPD then appealed. The appeals court ruled for HPD and reinstated the vacate order. HPD had acted under its Procedure 1-1991, which called for immediate evacuation of a building and relocation of tenants when conditions were as potentially dangerous to health and safety as they were here. Since it was an emergency situation, no prior notice was required. Tenants were relocated to better accommodations, and a hearing was held after evacuation. HPD intended to return tenants to their units after necessary repairs were made.

Mendez v. Dinkins: NYLJ, p. 25, col. 2 (4/22/96) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Ross, Nardelli, Tom, JJ)

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