HPD Issued Certificate of Eviction Against Mentally Disabled Tenant Without Proper Hearing

HPD Issued Certificate of Eviction Against Mentally Disabled Tenant Without Proper Hearing



LVT Number: #29769

Landlord asked HPD for a certificate of eviction against tenant. HPD scheduled a hearing, and tenant failed to appear twice. So HPD held the hearing without her and granted landlord the certificate of eviction. Landlord then brought an eviction proceeding against tenant in housing court. During that case, Adult Protective Services evaluated tenant and found she had mental health conditions that made her unable to represent or defend herself. The court appointed a guardian ad litem (GAL) for tenant, who then appealed HPD's issuance of the certificate of eviction.

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Delgado v. Been: Index No. 102004/2016, NYLJ 10/11/18, p. 21, col. 1 (Sup. Ct. NY; 9/26/18; St. George, J)