SILVERSMITH & VERAJA

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HPD CASES REQUIRE DUE DILIGENCE SERVICE ON THE LANDLORD, A HIGHER AND DIFFERENT STANDARD THAN OTHER LANDLORD-TENANT PROCEEDINGS.

Case: Department of Housing Preservation and Development v. Ju Jin Li

Citation: Civil Court, Kings County, 24 Misc. 3d 237, 876 NYS 2d 611; 241 NYLJ 50 (2009)

Attorney: Robert Silversmith

In deciding whether service of an HPD proceeding is proper against a landlord, the court must look to the Civil Practice Law and Rules, and the Civil Court Act, not the Real Property Action and Proceedings Law, as in most landlord-tenant cases. Due diligence is required which is a higher standard than the Reasonable Application standard, under the Real Property Action and Proceedings Law.