HPD Can't Initiate Case Regarding Pass-On Rights

(Decision submitted by David M. Berger of the Brooklyn law firm of Tenenbaum & Berger, LLP, attorneys for the tenant.) Tenant appealed a decision by HPD that tenant had no pass-on rights to his apartment. Tenant argued that HPD had no right to initiate a case regarding pass-on rights in this case. Tenant wasn't seeking pass-on rights. Tenant originally moved into the Mitchell-Lama housing complex with his wife sometime earlier. Both signed a lease. Later, when tenant and his wife had children, they swapped apartments with another family in the building. They said landlord knew this. From 1997 on, tenant's name appeared as cotenant on the other family's lease. The court ruled for tenant. HPD improperly initiated a pass-on rights case to review a situation it now objected to. But there was no pass-on rights claim involved here. HPD's decision was revoked.

Fruchter v. HPD: Index No. 106474/05 (Sup. Ct. NY 11/14/05; Smith, J) [5-pg. doc.]