Lawlor v. 543 Second Avenue LLC

Defendants presented no evidence that they sought a certificate of eviction from the Division of Housing and Community Renewal before unilaterally deciding to demolish the building that housed plaintiffs rent-regulated apartment (see Administrative Code of City of NY § 26-408 [b]; Sohn v Calderon, 78 NY2d 755, 764-765 [1991]). Moreover, plaintiffs evidence of defendants’ harassment raised factual issues as to the alleged necessity of the demolition.

Since, as a rent-controlled tenant seeking restoration to her apartment pursuant to Administrative Code § 26-408, plaintiff has asserted a…