City of New York v. Torres

While I join in the result set forth in the Per Curiam opinion, I would find as a matter of law that Housing Court lacks subject matter jurisdiction over this summary proceeding because petitioner City of New York (the City) has failed to state a cause of action.

As a governmental entity, the City may not terminate the tenancies of tenants in in rem buildings without cause (512 E. 11th St. HDFC v Grimmet, 181 AD2d 488 [1st Dept 1992]; 157 W. 123rd St. Tenants’ Assn. v Hickson, 142 Misc 2d 984 [App Term, 1st Dept 1989]). The issue is whether the mere placement by the Department of Housing…