In Matter of Schorr v. NYC Dep't of Hous. Preservation and Development, 10 NY3d 776, 886 N.E.2d 762, 857 N.Y.S.2d 1 (2008), the petitioner had not resided in his apartment for the two years before the original tenants vacated the apartment, but argued he was entitled to succession by estoppel because the owner housing company allowed him to occupy the apartment. The court held that invoking estoppel would prevent the agency in charge (there, the Department of Housing Preservation and Development) from executing the applicable housing statutes. 10 NY3d at 779.