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Matter of Torres v. N.Y.C. Dep't of Hous. Pres. & Dev.

'Substantial Evidence' Question Raised, Petition Transferred to Appellate Division

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For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules DECISION/ORDER In this Article 78 proceeding, petitioner Herminio Michael Torres (Torres) seeks a judgment to vacate the issuance of a certificate of eviction by the respondent New York City Department of Housing Preservation and Development (HPD) as arbitrary and capricious (motion sequence number 001). Because it raises the issue of “substantial evidence,” Torres’s petition is transferred to the Appellate Division, First Department, pursuant to CPLR §7804 (g). FACTS Torres is the tenant of record of apartment 35G in a residential “Mitchell-Lama” apartment building (the building) located at 222 East 93rd Street in the County, City and State of New York. See verified petition, 12. Co-respondent Ruppert Housing Company, Inc. (landlord) is the building’s owner. HPD is an administrative agency of the City of New York which is charged with oversight of Mitchell-Lama housing. On February 23, 2018, landlord served Torres with a notice to cure which alleged that he was not using apartment 35G as his primary residence. See verified petition, exhibit C. On April 4, 2018, landlord served Torres with a petition for a certificate of eviction which contained the same allegation. Id., exhibit E. HPD held a conference regarding the petition on April 26, 2018 and a formal hearing on June 18, 2018, at which Torres appeared pro se. Id., verified petition, 13. At that time, HPD Administrative Hearing Officer Frances Lippa (AHO Lippa) heard testimony from Torres, from one of landlord’s employees and from two of Torres’s neighbors, and also received documentary evidence from both landlord and Torres. Id.,

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