Image Credit: NYCourts.gov

Downs syndrome grand-nephew sought succession rights to Mitchell-Lama cooperative apartment. On February 3, 2012, the permanent tenant of Lindsay Park Housing Corp., a Mitchell-Lama affordable housing cooperative, died. Following her death, the New York City Department of Housing Preservation and Development ruled that the grand-nephew, Haile King-Rubie, who resided with the deceased did not have succession rights to the apartment. Haile King-Rubie, who has Down syndrome, filed a petition to review this decision. (read more…)

The court found issues of fact and reversed previous summary judgment for the tenant.  In 2000, John G. and Yunia C. Rwambuya permanently vacated their apartment at 10 Waterside Plaza in the Kips Bay area of Manhattan.  The apartment complex was regulated under the Mitchell-Lama program and later converted to market-rate housing.  A settlement agreement signed by the Rwambuyas granted them a limited right to transfer their apartment to their son, Joseph Rwambuya as a successor tenant.  The complex owner, Waterside Plaza Ground Lessee LLC, sued Joseph Rwambuya to recover the apartment claiming his parents had breached the settlement agreement by failing to maintain the apartment as their primary residence prior to transferring it to Mr. Rwambuya.

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HPD adopted amendments to the rules governing Mitchell-Lama housing, such as this building in Manhattan. Image credit: NYC.gov

New rules address transferability of applications, preferences for veterans, and more.  On November 25, 2014 the Department of Housing Preservation and Development formally adopted amendments to the rules governing city-aided limited-profit housing companies, commonly referred to as the Mitchell-Lama program.  A public hearing on the proposed changes was held on November 6, 2013 and public comments were received by HPD through November 30, 2013. (read more…)