Mitchell-Lama Tenant's Mother Fails to Prove Succession Rights
LVT Number: #33594
After the tenant of an affordable housing unit under the Mitchell-Lama program moved out of his apartment, tenant's mother claimed succession rights. HPD denied the mother's succession request. Tenant's mother then filed an Article 78 court appeal, claiming that HPD's decision was unreasonable.
The court and appeals court ruled against tenant's mother. HPD rationally determined that the mother's documentation was insufficient to prove that she co-resided in the apartment with tenant for one year before he vacated. Tenant's mother submitted tax returns and income affidavits for the relevant period but failed to submit bank statements, a driver's license, motor vehicle registration, voting registration, utility bills, or other records connecting her to the apartment. And a deed for sale of the mother's other home listed that home as her address, which was inconsistent with her other application materials.
Kander v. HPD: Index No. 156091/22, App. No. 3747, Case No. 2023-05085, 2025 NY Slip Op 01045 (App. Div. 1 Dept.; 2/20/25; Webber, JP, Singh, Moulton, Pitt-Burke, Rosado, JJ)