Mitchell-Lama Tenant's Granddaughter Can't Get Apartment

The granddaughter of a deceased Mitchell-Lama co-op tenant in an apartment regulated by HPD claimed succession rights after tenant died. HPD held a hearing and ruled against the granddaughter, who filed an Article 78 court appeal. The granddaughter claimed that HPD's decision wasn't based on substantial evidence. The court ruled against the granddaughter, who failed to prove that tenant's apartment was her primary residence since the inception of her occupancy in 2005. Although her name appeared on tenant's income affidavits up to 2009, and then again in 2014, the granddaughter's name didn't appear on the income affidavits for the years 2010 through 2013. And, while in some cases the absence of an income affidavit may be overlooked, the granddaughter failed to provide other proof, such as utility bills, a driver's license, a vehicle registration, or tax returns that supported her succession claim. HPD's issuance of a certificate of eviction did not shock the conscience.

Rodriguez v. Torres-Springer: Index Nos. 10983, 161128/17, 202 NY Slip Op 00982 (App. Div. 1 Dept.; 2/11/20; Friedman, JP, Renwick, Kern, Oing, JJ)