New York City’s Department of Housing Preservation and Development cannot reconsider its decision to give a four-bedroom subsidized co-op to a family of five, against its normal rules, because the other family challenging the decision has no standing to sue, a state appeals court recently found.
The unanimous Appellate Division, First Department panel ruled in Echevarria v. Wambua, 103396/12, that there was no grounds for a remand, even though the housing agency said it believed it made a mistake. The decision reversed a 2013 decision by Manhattan Acting Supreme Court Justice Peter Moulton granting an Article 78 petition challenging the agency’s decision.
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