Mitchell-Lama Co-op Tenant's Daughter Gets Apartment

August 17, 2020

LVT Number: #30906

The DHCR granted succession rights to the daughter of a Mitchell-Lama cooperative shareholder tenant. Landlord filed an Article 78 court appeal of the DHCR's decision, claiming that it was arbitrary and unreasonable. The court ruled against landlord. Tenant's daughter showed that she was a remaining family member after tenant moved to a nursing home, that she herself was disabled, that she had lived in the apartment with tenant for at least one year before tenant permanently vacated the unit, and that her own absence from the apartment due to college attendance was temporary.

The DHCR granted succession rights to the daughter of a Mitchell-Lama cooperative shareholder tenant. Landlord filed an Article 78 court appeal of the DHCR's decision, claiming that it was arbitrary and unreasonable. The court ruled against landlord. Tenant's daughter showed that she was a remaining family member after tenant moved to a nursing home, that she herself was disabled, that she had lived in the apartment with tenant for at least one year before tenant permanently vacated the unit, and that her own absence from the apartment due to college attendance was temporary.

Southbridge Towers, Inc. v. DHCR: Index No. 150842/2019, 2020 NY Slip Op 32522(U)(Sup. Ct. NY; 7/30/20; Rakower, J)

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