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MATTER OF WALDMAN v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

36 A.D.3d 501 (2007)

830 N.Y.S.2d 28

In the Matter of RACHEL WALDMAN et al., Respondents, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Appellant, et al., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 18, 2007.

HPD improperly circumvented its rules and regulations by proceeding pursuant to 28 RCNY 3-02 (p). That regulation, which sets forth the process by which an individual can seek to succeed to the apartment of a family member, does not give HPD or the housing company the authority to initiate or prosecute proceedings regarding improperly obtained family succession rights. Instead, because petitioners had been issued leases by the housing company, albeit without the required...

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