Nephew of Mitchell-Lama Co-op Tenant Fails to Prove Succession Rights

After the tenant-shareholder of a Mitchell-Lama co-op apartment died, her nephew claimed succession rights to the apartment. HPD held a hearing, ruled against the nephew, and issued a certificate of eviction to the landlord. The nephew then filed an Article 78 court appeal of HPD's decision. The court ruled against the nephew. Evidence in HPD's administrative record supported HPD's conclusion that the nephew failed to demonstrate that he had any succession rights. The tenant never listed the nephew on any income recertifications or other documentation of apartment  occupants. And he didn't show that he was disabled, which could have entitled him to prove co-occupancy with her for only one year instead of two.

Matter of Rose v. Carrin: Index No. 453207/2023, 2024 NY Slip Op 33900 (Sup. Ct. NY; 10/30/24; Kelley, J)