Daughter Moved into Tenant's Apartment Two Months Before Tenant's Death

June 30, 2006

LVT Number: 18956

After Mitchell-Lama tenant died, her daughter claimed pass-on rights to tenant's apartment. HPD ruled that daughter didn't have pass-on rights. The daughter appealed HPD's decision, claiming it was arbitrary and unreasonable. The court and appeals court ruled against the daughter. She admitted she moved into tenant's apartment only two months before tenant died. To qualify for pass-on rights, daughter should have lived in the apartment with tenant for at least two years before tenant died.

After Mitchell-Lama tenant died, her daughter claimed pass-on rights to tenant's apartment. HPD ruled that daughter didn't have pass-on rights. The daughter appealed HPD's decision, claiming it was arbitrary and unreasonable. The court and appeals court ruled against the daughter. She admitted she moved into tenant's apartment only two months before tenant died. To qualify for pass-on rights, daughter should have lived in the apartment with tenant for at least two years before tenant died.

Mayfield v. Esplanade Gdns.: NYLJ, 6/26/06, p. 28, col. 5 (App. Div. 1 Dept.; Saxe, JP, Marlow, Nardelli, Catterson, McGuire, JJ)

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