Landlord Can't Deny Pass-On Rights After Making Clerical Mistake

Daughter of Mitchell-Lama tenant claimed pass-on rights to an apartment after tenant died, in 1996. Landlord then treated daughter as tenant. In 2004, daughter asked landlord to remove her husband from her household information. Landlord then discovered a ''clerical mistake.'' Daughter had never actually been approved for pass-on rights. A hearing was held before HPD. HPD ruled against daughter and issued a certificate of eviction. HPD found that daughter didn't prove she had occupied the apartment with tenant for more than two years before tenant died. Daughter appealed HPD's decision. The court ruled for daughter. Daughter had lived in the apartment since 1989 and was named tenant of record in 1996, after tenant died. Daughter claimed that she had submitted information showing her occupancy in 1996. HPD waited too long to make a determination on pass-on rights. This was an abuse of discretion.

Triolo v. City of New York: NYLJ, 5/11/05, p. 21, col. 3 (Sup. Ct. NY; Payne, J)