HPD Properly Gave Landlord Certificates of Eviction

October 25, 2016

LVT Number: #27256

Mitchell-Lama tenants filed an Article 78 court appeal of decisions by HPD to grant landlord’s applications for certificates authorizing eviction proceedings against tenants. The court ruled against tenants and dismissed the case. Landlord was entitled to eviction certificates since tenants breached the terms of their leases by failing to comply with landlord’s request for income recertification documents that landlord was required to collect in order to comply with government regulations.

Mitchell-Lama tenants filed an Article 78 court appeal of decisions by HPD to grant landlord’s applications for certificates authorizing eviction proceedings against tenants. The court ruled against tenants and dismissed the case. Landlord was entitled to eviction certificates since tenants breached the terms of their leases by failing to comply with landlord’s request for income recertification documents that landlord was required to collect in order to comply with government regulations. HPD’s rulings were made after hearings, and substantial evidence was presented to support landlord’s claims.

 

 

 
Lockley v. HPD: 2016 NY Slip Op 06079, 2016 WL 5107960 (App. Div. 2 Dept.; 9/21/16; Leventhal, JP, Chambers, Sgroi, Barros, JJ)

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