Nonfamily Member Can't Take Over Mitchell-Lama Apartment

August 31, 2005

LVT Number: 18313

Occupant of a Mitchell-Lama apartment claimed pass-on rights after tenant moved out of the apartment. The DHCR ruled against occupant. He didn't show that he was tenant's family member. And he wasn't listed as an occupant on income certificates submitted by tenant during the two years prior to tenant's moving out. Occupant appealed and lost. The DHCR's decision was reasonable. Occupant was tenant's unauthorized roommate. He didn't qualify as a family member with pass-on rights under applicable rules. And tenant had moved into another apartment in the building.

Occupant of a Mitchell-Lama apartment claimed pass-on rights after tenant moved out of the apartment. The DHCR ruled against occupant. He didn't show that he was tenant's family member. And he wasn't listed as an occupant on income certificates submitted by tenant during the two years prior to tenant's moving out. Occupant appealed and lost. The DHCR's decision was reasonable. Occupant was tenant's unauthorized roommate. He didn't qualify as a family member with pass-on rights under applicable rules. And tenant had moved into another apartment in the building.

Hampton v. DHCR: NYLJ, 8/19/05, p. 21, col. 1 (Sup. Ct. NY; Madden, J)

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