Rivera v. Department of Housing Preservation & Development of the City of New York

The New York City Department of Housing Preservation and Development (HPD) placed liens upon property for reimbursement of relocation expenses pursuant to Administrative Code 26-305. The two petitioners in these consolidated appeals filed petitions seeking to summarily vacate the liens, alleging that the liens were invalid. Supreme Court dismissed the petitions, concluding that summary discharge was inappropriate because determination of the lien’s underlying validity was a matter for a foreclosure trial. Both judgments were appealed. In one case, the Appellate Division reversed, holding that the notice of lien was facially invalid and should be discharged because the notice of lien sought an unreasonable amount of expenses. The Court of Appeals reversed in that case and affirmed in the other case, holding that the liens filed by HPD here were facially valid, and so summary discharge was not appropriate. View "Rivera v. Department of Housing Preservation & Development of the City of New York" on Justia Law