Landlord Challenge to HPD Ruling Is Moot

LVT Number: 18118

Landlord applied to HPD for a certificate of no harassment. This certificate would state that landlord didn't harass SRO tenants in the process of emptying the building. HPD ruled against landlord without holding a hearing or giving any reason. Landlord appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled against landlord. After landlord filed its appeal, HPD reopened the case and ordered that a hearing be held. So, since there was no final determination yet by HPD, landlord's challenge to HPD's ruling was moot.

Landlord applied to HPD for a certificate of no harassment. This certificate would state that landlord didn't harass SRO tenants in the process of emptying the building. HPD ruled against landlord without holding a hearing or giving any reason. Landlord appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled against landlord. After landlord filed its appeal, HPD reopened the case and ordered that a hearing be held. So, since there was no final determination yet by HPD, landlord's challenge to HPD's ruling was moot.

Page v. Donovan: NYLJ, 5/18/05, p. 18, col. 1 (Sup. Ct. NY; Feinman, J)