Mitchell-Lama Tenant's Goddaughter Gets Apartment

Occupant of rent-controlled Mitchell-Lama apartment claimed succession rights after tenant moved out. HPD ruled against occupant after a hearing and issued a certificate of eviction. Occupant then filed an Article 78 appeal, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for occupant and found that she proved the emotional commitment and financial interdependence required to prove succession rights as a family member. At the hearing, occupant and tenant claimed that occupant was tenant's "goddaughter." Occupant testified before HPD that tenant went to visit family in Mississippi in 2009, became ill, and was unable to return to the apartment. She and other witnesses testified that occupant had known tenant for 30 years, and that they lived together, relied on each other for payment of household expenses, intermingled their finances, and engaged in family activities together such as shopping, household chores, eating meals, and celebrating birthdays and holidays. Tenant included occupant on his income affidavits at the building, and they held themselves out as family members. The court found that HPD unreasonably determined that occupant and tenant were merely roommates. Occupant was entitled to remain in the apartment as a succeeding family member.

Washington v. Visnauskas: 2014 NY Slip Op 24205, 2014 WL 3739551 (Sup. Ct. Kings; 7/28/14; Lewis, J)