MATTER OF 20 W. PROPS. LLC v. BANKS

260152/17. Appeal No. 12445. Case No. 2018-5920.

188 A.D.3d 552 (2020)

132 N.Y.S.3d 633

2020 NY Slip Op 06840

In the Matter of 20 West Properties LLC, Appellant, v. Steven Banks et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 19, 2020.


Petitioner was not deprived of property without due process under Social Services Law § 143-b, as applied, but instead received "such procedural protections as the particular situation demands" (People v Aviles, 28 N.Y.3d 497, 505 [2016]). Respondent New York City Human Resources Administration (HRA) has a compelling interest in "temporarily withholding payments of rent until hazardous...

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