Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)

Citation
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Parent Document
Hudsonview Co. v. Jenkins, 169 Misc. 2d 389 (1996)
Jurisdiction
New York (state)
Effective Date
1996-06-04

Other Sections in This Document (36)

Full Text

442 chars
Unlike the usual holdover proceeding, which concerns a preexisting private dispute between the parties, an illegal use proceeding involves a strong public policy: protection of the safety and welfare of neighboring tenants and the community. Indeed, the landlord has a statutory duty to end the illegal conduct, e.g., by commencing an eviction proceeding; an owner can incur liability if he or she does not act. (Real Property Law § 231 [2].)