Granddaughter Didn't Live in Mitchell-Lama Apartment for Two Years

Tenant's granddaughter applied for pass-on rights to a Mitchell-Lama apartment. Landlord denied the request, finding that granddaughter hadn't lived with tenant for at least two years before tenant died. Granddaughter appealed, and the DHCR ruled against her. She then challenged the DHCR's ruling in court, claiming that it was unreasonable. The court ruled against granddaughter. The DHCR's ruling was reasonable. Several witnesses stated that they first met granddaughter at tenant's apartment less than two years before tenant died. Granddaughter and her parents made unclear statements as to whether she lived with her parents. And there were no school records, auto registration, driver's license, bank accounts, or employment records connecting granddaughter with tenant's apartment. Granddaughter's tax returns also listed her parents' address and were amended to reflect the apartment only after the DHCR asked for copies.

Renda v. DHCR: NYLJ, 10/24/05, p. 27, col. 3 (App. Div. 1 Dept.; Saxe, JP, Ellerin, Williams, Catterson, Malone, JJ)