HPD to Decide Claim Involving Mitchell-Lama Apartment

June 30, 1996

LVT Number: 10691

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Apartment occupant claimed pass-on rights. The court ruled for landlord and found that tenant couldn't pass on the apartment to occupant. Tenant appealed and won. Only HPD, and not the housing court, had the authority to decide pass-on issues, including Mitchell-Lama apartments. Also, landlord brought a nonpayment, not a holdover, proceeding.

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent. Apartment occupant claimed pass-on rights. The court ruled for landlord and found that tenant couldn't pass on the apartment to occupant. Tenant appealed and won. Only HPD, and not the housing court, had the authority to decide pass-on issues, including Mitchell-Lama apartments. Also, landlord brought a nonpayment, not a holdover, proceeding.

Lindville Housing Co. v. McGann: NYLJ, p. 29, col. 6 (6/24/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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