Mitchell-Lama Co-op Tenant's Sister Can't Get Apartment

July 22, 2019

LVT Number: #30249

HPD denied the application of Mitchell-Lama co-op tenant's sister for succession rights to tenant's apartment after tenant died. The sister then filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and capricious. The court ruled against the sister. The sister failed to prove that she lived with tenant in the apartment as her primary residence for at least one year before tenant died in 2016. Tenant didn't list the sister on income affidavits submitted to HPD for 2014 and 2015.

HPD denied the application of Mitchell-Lama co-op tenant's sister for succession rights to tenant's apartment after tenant died. The sister then filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and capricious. The court ruled against the sister. The sister failed to prove that she lived with tenant in the apartment as her primary residence for at least one year before tenant died in 2016. Tenant didn't list the sister on income affidavits submitted to HPD for 2014 and 2015. And the sister used another address on her 2015 NY State income tax return and other documents. 

Pickholz v. HPD: 100 NYS3d 510, 2019 NY Slip Op 04468 (App. Div. 1 Dept.; 6/6/19; Sweeny, JP, Renwick, Oing, Moulton, JJ)

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