HPD Improperly Denied Succession Rights

In two cases, the HPD ruled that tenants didn't have succession rights to Mitchell Lama apartments and that tenants had been given leases improperly. But the HPD didn't first terminate tenants' leases. Tenants appealed the HPD's decisions, claiming that the HPD had acted improperly. The court and appeals court both ruled for tenants. The HPD claimed that it never approved succession rights for tenants. The HPD didn't follow the proper procedure. It should have terminated tenants' leases.

Fruchter v. HPD: NYLJ, 1/22/07, p. 34, col. 2 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Saxe, Marlow, Catterson, JJ); Waldman v. HPD: NYLJ, 1/22/07, p. 34, col. 3 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Saxe, Marlow, Catterson, JJ)