HPD Must Reconsider Daughter's Succession Claim

Landlord sent the daughter of Mitchell-Lama tenant a 10-day notice to quit after tenant died. The daughter claimed succession rights to the apartment. HPD held a hearing and ruled against the daughter. The daughter filed an Article 78 petition in court, claiming that HPD's decision was arbitrary and irrational. The court ruled for tenant's daughter and sent the case back to HPD for reconsideration. Tenant's daughter was disabled and, therefore, had to prove that she lived with tenant for one year before tenant died. HPD ignored tenant's income affidavits submitted to landlord for the year in question, which listed her daughter as an occupant and which were considered in calculating tenant's rent. HPD relied on voter registration records listing a Bronx address for the daughter, but the daughter could have had more than one address. HPD also relied heavily on testimony the daughter gave on a television program, "The People's Court." On TV, the daughter had stated that she frequently visited her mother on weekends. But "The People's Court" is not a court or agency authorized by law to conduct legal proceedings, so HPD incorrectly treated the daughter's statements there as "sworn testimony." HPD must presume the daughter's occupancy given the income affidavits. Landlord must present proper evidence that rebuts this presumption if it claims tenant's daughter has no succession rights.

Kahn v. HPD: NYLJ, 7/16/10, p. 43, col. 3 (Sup. Ct. Kings; Rivera, J)