Family Member Not Listed on Tenant's Income Affidavits Can't Get Apartment

April 30, 2007

LVT Number: #19596

Tenant's family member applied for pass-on rights to the Mitchell-Lama apartment after tenant died. The DHCR ruled against family member. She appealed, claiming that she had lived with tenant in the apartment for at least two years before tenant died. The court ruled for family member and sent the case back to the DHCR for a fact-finding hearing. The DHCR appealed and won. Since family member wasn't listed on tenant's income affidavits required by the DHCR, she couldn't prove that the apartment was her primary residence, and had no pass-on rights.

Tenant's family member applied for pass-on rights to the Mitchell-Lama apartment after tenant died. The DHCR ruled against family member. She appealed, claiming that she had lived with tenant in the apartment for at least two years before tenant died. The court ruled for family member and sent the case back to the DHCR for a fact-finding hearing. The DHCR appealed and won. Since family member wasn't listed on tenant's income affidavits required by the DHCR, she couldn't prove that the apartment was her primary residence, and had no pass-on rights.

Greichel v. DHCR: NYLJ, 4/30/07, p. 28, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Friedman, McGuire, Malone, JJ)

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