Family Member Can't Get Deceased Tenant's Mitchell-Lama Apartment

Mitchell-Lama apartment occupant claimed succession rights after tenant died. HPD ruled against the occupant, who then filed an Article 78 court appeal. The court ruled against the occupant. Although occupant was a family member through a shared financial and emotional commitment and interdependence with tenant, she didn't prove that she lived in the apartment with tenant during the co-residency period required to qualify for succession rights. And while occupant's name appeared on tenant's income affidavits for 2013, 2014, and 2015, occupant falsely certified her income in these documents. So HPD determined that these affidavits weren't credible to establish the co-residency period between tenant and the occupant. Occupant didn't demonstrate that HPD's decision was arbitrary, capricious, or without a rational basis. 

Charles v. HPD: 2019 NY Slip Op 32837(U) (Sup. Ct. NY; 9/30/19; Perry, J)