Fruchter v. New York City Department of Housing Preservation & Development

Order and judgment (one paper), Supreme Court, New York County (Karen S. Smith, J.), entered November 25, 2005, which granted petitioner’s application to annul respondent New York City Department of Housing Preservation and Development’s (HPD) determination denying petitioner succession rights to the subject Mitchell-Lama apartment, and remanded for further proceedings, unanimously affirmed, without costs.

HPD’s recourse for terminating a successor lease it never approved was for the housing company to commence lease termination proceedings pursuant to 28 RCNY 3-18 (see e.g. Matter of Verdell…