HPD Already Made Finding on Occupant's Pass-On Claim

July 31, 2003

LVT Number: 16732

Landlord sued to evict Mitchell-Lama building apartment occupant. Occupant claimed that he had pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. HPD had already ruled that occupant wasn't entitled to pass-on rights. Occupant didn't appeal that decision. HPD was the agency authorized to decide pass-on rights claims in Mitchell-Lama housing. Occupant couldn't attack HPD's decision in the housing court case.

Landlord sued to evict Mitchell-Lama building apartment occupant. Occupant claimed that he had pass-on rights to the apartment. The court ruled for landlord. Occupant appealed and lost. HPD had already ruled that occupant wasn't entitled to pass-on rights. Occupant didn't appeal that decision. HPD was the agency authorized to decide pass-on rights claims in Mitchell-Lama housing. Occupant couldn't attack HPD's decision in the housing court case.

Brighton House v. Novick: NYLJ, 7/17/03, p. 24, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

Topics

More like this