Court of Appeals of New York
In the Matter of Schorr v. N.Y. City Dep't of Housing Preservation & Dev., 33
In a CPLR article 78 proceeding seeking to annul an eviction determination by the Department of Housing and Preservation Development (HPD), a decision annulling the determination is reversed where: 1) petitioner did not meet the eligibility requirements for succession rights to the apartment and was, therefore, an illegal tenant; and 2) thus, invoking estoppel against HPD and owner would impermissibly prevent HPD from executing its statutory duty to provide Mitchell-Lama housing only to individuals who meet the specified eligibility requirements.
Appellate Information
- Decided 03/13/2008
- Published 03/13/2008
Judges
Court
- Court of Appeals of New York