Daughter Not Entitled to Mitchell-Lama Apartment

November 1, 1998

LVT Number: 12743

Tenant's daughter claimed pass-on rights to a Mitchell-Lama apartment after tenant died. HPD ruled against the daughter, and she appealed. The court and appeals court also ruled against tenant's daughter. The daughter didn't show that she'd lived in the apartment with her mother for the two years before her mother's death, as required by Mitchell-Lama pass-on rules. So HPD's decision was reasonable.

Tenant's daughter claimed pass-on rights to a Mitchell-Lama apartment after tenant died. HPD ruled against the daughter, and she appealed. The court and appeals court also ruled against tenant's daughter. The daughter didn't show that she'd lived in the apartment with her mother for the two years before her mother's death, as required by Mitchell-Lama pass-on rules. So HPD's decision was reasonable.

Alfred v. Barrios-Paoli: 676 NYS2d 185 (1998) (App. Div. 2 Dept.; Bracken, JP, Copertino, McGinity, Luciano, JJ)

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