HPD Ordered Tenant's Eviction

LVT Number: 6996

Landlord sued to evict occupant, after HPD issued a certificate of eviction. HPD had found that occupant couldn't take over tenant's apartment. Landlord asked the court to decide in its favor without a trial. The court refused, and landlord appealed. The appeals court reversed and ruled for landlord. Occupant couldn't challenge HPD's determination at this point. Landlord could evict tenant based on the certificate of eviction.

Landlord sued to evict occupant, after HPD issued a certificate of eviction. HPD had found that occupant couldn't take over tenant's apartment. Landlord asked the court to decide in its favor without a trial. The court refused, and landlord appealed. The appeals court reversed and ruled for landlord. Occupant couldn't challenge HPD's determination at this point. Landlord could evict tenant based on the certificate of eviction.

Dayton Towers Corp. v. Spielman: NYLJ, p. 25, col. 1 (5/25/93) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)