Mitchell-Lama Apartment Not Tenant's Primary Residence

October 28, 2017

LVT Number: #27962

HPD determined that  Mitchell-Lama co-op tenant didn't occupy apartment as her primary residence and that landlord therefore could evict her. Tenant filed an Article 78 appeal and lost. There was substantial evidence that tenant lived in Maryland, including voter registration, driver's license, and auto registration. Tenant's request that, in the alternative, her son be granted a right to claim succession rights wasn't properly raised before the court. And family members have no succession rights if the tenancy of the co-op tenant was terminated for cause.

HPD determined that  Mitchell-Lama co-op tenant didn't occupy apartment as her primary residence and that landlord therefore could evict her. Tenant filed an Article 78 appeal and lost. There was substantial evidence that tenant lived in Maryland, including voter registration, driver's license, and auto registration. Tenant's request that, in the alternative, her son be granted a right to claim succession rights wasn't properly raised before the court. And family members have no succession rights if the tenancy of the co-op tenant was terminated for cause.

Lewis v. Dayton Beach Park #1 Corp.: 2017 NY Slip Op 06617, 2017 WL 4246815 (App. Div. 1 Dept.; 9/26/17; Friedman, JP, Richter, Moskowitz, Gesmer, JJ)

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