HPD Must Reconsider Public Housing Tenant's Pass-On Rights

February 1, 2006

LVT Number: 18632

Facts: Landlord of Mitchell-Lama building gave remaining family members of 31 tenants their own leases between 1990 and 1997. In 1998 HPD reviewed landlord's records and claimed that landlord improperly granted leases to these tenants. HPD held hearings and ruled that these tenants didn't have pass-on rights. Tenants appealed, claiming that HPD had disregarded its own rules and that the decisions were arbitrary and unfair. Court: Tenants win. HPD's decisions weren't reasonable. HPD had previously approved the tenancies, and tenants relied on the leases that were given to them.

Facts: Landlord of Mitchell-Lama building gave remaining family members of 31 tenants their own leases between 1990 and 1997. In 1998 HPD reviewed landlord's records and claimed that landlord improperly granted leases to these tenants. HPD held hearings and ruled that these tenants didn't have pass-on rights. Tenants appealed, claiming that HPD had disregarded its own rules and that the decisions were arbitrary and unfair. Court: Tenants win. HPD's decisions weren't reasonable. HPD had previously approved the tenancies, and tenants relied on the leases that were given to them.

Waldman v. HPD: NYLJ, 1/11/06, p. 19, col. 1 (Sup. Ct. NY; Tolub, J)

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