Brother-in-Law Can't Get Apartment

April 30, 2011

LVT Number: #23380

After tenant died in 2004, his brother-in-law asked for succession rights. Landlord HPD refused after a hearing, finding that the brother-in-law didn't meet eligibility requirements. The brother-in-law appealed, claiming that HPD's decision was unreasonable. The court ruled against him. Tenant had listed him as an apartment occupant on his 2002 annual household income affidavit. But this alone didn't establish succession rights. The city's decision was consistent with its own rules and had a rational basis.

After tenant died in 2004, his brother-in-law asked for succession rights. Landlord HPD refused after a hearing, finding that the brother-in-law didn't meet eligibility requirements. The brother-in-law appealed, claiming that HPD's decision was unreasonable. The court ruled against him. Tenant had listed him as an apartment occupant on his 2002 annual household income affidavit. But this alone didn't establish succession rights. The city's decision was consistent with its own rules and had a rational basis.

Rowan v. HPD: Index No. 115416/2010, NYLJ No. 1202490153192 (Sup. Ct. NY; 3/23/11; Singh, J)

Topics

More like this