Landlord Can Evict Tenant of Mitchell-Lama Building

LVT Number: 7073

Landlord sued to evict Mitchell-Lama tenant after getting a certificate of eviction from HPD. Tenant had appealed HPD's decision in a separate case and lost. The trial court ruled for landlord in the eviction case, and tenant appealed. The appeals court again ruled for landlord. HPD's eviction certificate had been affirmed by a court. Tenant couldn't raise the issue of whether this was proper in the eviction proceeding.

Landlord sued to evict Mitchell-Lama tenant after getting a certificate of eviction from HPD. Tenant had appealed HPD's decision in a separate case and lost. The trial court ruled for landlord in the eviction case, and tenant appealed. The appeals court again ruled for landlord. HPD's eviction certificate had been affirmed by a court. Tenant couldn't raise the issue of whether this was proper in the eviction proceeding.

New Amsterdam Associates v. Ames: NYLJ, p. 22, col. 1 (6/8/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)