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

May 26, 2018

LVT Number: #28394

Mitchell-Lama tenant's sister sought succession rights after tenant moved out. HPD ruled against the sister, who then filed an Article 78 court appeal. The sister claimed that HPD's decision was unreasonable. The court and appeals court ruled against the sister, who failed to submit credible proof of when she moved into the apartment and when tenant moved out. The sister had submitted only her 2009 tax return. She didn't submit bank statements, voter registration statements, or bills addressed to her at the apartment.

Mitchell-Lama tenant's sister sought succession rights after tenant moved out. HPD ruled against the sister, who then filed an Article 78 court appeal. The sister claimed that HPD's decision was unreasonable. The court and appeals court ruled against the sister, who failed to submit credible proof of when she moved into the apartment and when tenant moved out. The sister had submitted only her 2009 tax return. She didn't submit bank statements, voter registration statements, or bills addressed to her at the apartment. She didn't prove that she lived in the apartment with tenant during the relevant time period.

Jacobowitz v. HPD: 70 NYS3d 839, 2018 NY Slip Op 02300 (App. Div. 1 Dept.; 4/3/18; Friedman, JP, Sweeny, Gesmer, Kern, Singh, JJ)

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