HPD’s Lien for Shelter Upheld

HPD provided temporary housing for tenants and then filed liens against the tenants’ former landlords for expenses in providing the temporary housing. The Court of Appeals issued one opinion involving two separate cases concerning expenses incurred by the Department of Housing Preservation and Development for temporary shelter. In 1995 the Fire Department issued a vacate order affecting two tenants of a building in Brooklyn owned by David Rivera. HPD provided the tenants with temporary … <Read More>


Owner Must Comply with HPD Order

HPD ordered owner to replace dangerous floor joists in residential building. In 2007 the New York City Council amended the Housing Maintenance Code and created the Alternative Enforcement Program. The Program authorized the Department of Housing Preservation and Development to conduct building wide inspections and to compel building owners to correct within four month their violations of the Housing Maintenance Code.


Court Holds That Agency Rent Overcharge Calculation Violated Law

Landlord not responsible for more than four years of overcharged rent. On August 16, 2018, the Appellate Division for the First Department held that the landlord for 27 West 96th Street in Manhattan did not engage in a fraudulent scheme to evade the Rent Stabilization Law and therefore the New York State Division of Housing and Community Renewal (DHCR) had miscalculated the amount of overcharged rent that was due back to tenants.


Tenant Denied Move Within Building

Mitchell-Lama tenant sought to move to a different two-bedroom apartment in building, but failed to meet the occupancy requirements of three persons. In 2014, Lawrence Wilson and his partner occupied a two-bedroom apartment in a Mitchell-Lama building. They sought to move to a different two-bedroom apartment in the same building. Another couple, Nickita Skopelitis and Joann Papamichael, who lived in the same building with their child, also sought to transfer to the same two-bedroom apartment.


Basement apartment ruled legal; Condo’s “peace” sign ruled illegal

Buildings charged that owner unlawfully converted basement into additional rental apartment. In 2013 the Department of Buildings charged the owner of 345 W 70th Street, a multiple dwelling, with creating an illegal apartment in the basement. At the administrative hearing, Buildings submitted three I-cards for the building from 1916, 1938 and 1945. Before 1938, the Department of Housing Preservation and Development used I-cards to record the occupancy and arrangement of the buildings HPD had inspected. … <Read More>


Affordable Housing Law Upheld

Association of developers and contractors of affordable housing claimed that local law on prequalification and disclosure violated their constitutional rights. On September 24, 2012, the City Council passed Local Law 44, which required the Department of Housing Preservation and Development to create a public website disclosing the scope and location of publicly-funded affordable housing projects as well as complaints about developers, contractors and subcontractors involved in the project. The website must also list which … <Read More>