Mitchell-Lama Tenant's Family Member Can't Get Apartment

Mitchell-Lama tenant's family member sought succession rights to tenant's apartment after tenant died. HPD ruled against tenant's family member, who then filed an Article 78 court appeal, claiming that HPD's decision was arbitrary and unreasonable. The court ruled against the family member, who appealed and lost. During the two years before tenant died, tenant didn't list the family member on any income affidavits filed with HPD. And, while the family member presented some proof that her primary residence was in tenant's apartment, her 2014 income tax returns listed a Pennsylvania address and there wasn't otherwise enough proof of residence to overcome the lack of income affidavits.

Fitzpatrick v. 1199 Housing Corp.: Index No. 8195-100273/17, 2019 NY Slip Op 00530 (App. Div. 1 Dept.; 1/24/19; Sweeny, JP, Tom, Kahn, Oing, Singh, JJ)