Mitchell-Lama Tenant's Daughter Was Given Shares in Apartment

April 23, 2015

LVT Number: #26131

After Mitchell-Lama tenant died, HPD issued an order stating that tenant's daughter didn't have succession rights and could be evicted. The daughter filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for the daughter. The daughter moved into the apartment with tenant in 1970. In 1975, when she was turning 18, HPD issued co-op shares in the apartment to the daughter as a joint owner with rights of survivorship. So the daughter didn't have to prove succession rights.

After Mitchell-Lama tenant died, HPD issued an order stating that tenant's daughter didn't have succession rights and could be evicted. The daughter filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for the daughter. The daughter moved into the apartment with tenant in 1970. In 1975, when she was turning 18, HPD issued co-op shares in the apartment to the daughter as a joint owner with rights of survivorship. So the daughter didn't have to prove succession rights. The daughter can remain in the apartment until HPD decides at a hearing whether there are any grounds for eviction against her.

Romero-Mitchell v. HPD: 126 A.D.3d 425, 2015 NY Slip Op 07153 (App. Div. 1 Dept.; 3/3/15; Acosta, JP, Andrias, Saxe, DeGrasse, Richter, JJ)

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