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144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527

Citation
144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527
Jurisdiction
New York (state)
Source verification
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Full Text

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els (Private Housing Finance Law § 576 [1] [b]), and require consent before disposal of any franchises of the corporation (Private Housing Finance Law § 576 [1] [e]). In addition, Private Housing Finance Law § 576-a (3) provides that conveyance of City property to a housing development fund company, such as the petitioner, is "conditioned on its continued use for purposes of housing, provisions requiring the approval of the municipality to any sale, transfer, exchange, assignment or lease, or otherwise.” The conveyance is subject to a reversion in the event of a breach. (Private Housing Finance Law § 576-a.) Petitioner is required to obtain the City’s approval when premises are leased under this section. It is likewise obligátory, based upon the purposes under Private Housing Finance Law § 571 et seq., to obtain the City’s approval for an eviction. The City being a necessary actor in the summary proceeding is tantamount to government involvement requiring notice of the reasons for a tenant’s eviction under elementary concepts of due process of law. (See, Golberg v Kelly, 397 US 254 [1970].)