Nonprimary Resident Family Member Doesn't Have Succession Rights

Tenant's family member claimed succession rights to Cadman Towers apartment after tenant died. HPD ruled against the family member, who filed an Article 78 appeal and lost. The family member was listed as an occupant on tenant's annual income affidavits for 2009 and 2010. But she failed to prove that the apartment was her primary residence during those two years. The family member submitted a copy of her 2009 income tax return, but failed to submit one for 2010. City rules required the production of a tax return at the claimed primary residence for the most recent preceding taxable year. In addition, the family member's other documents contained many inconsistencies. HPD's decision was properly based on the evidence submitted.

Kaplan v. HPD: Index No. 11274/2012, NYLJ No. 1202577898178 (Sup. Ct. Kings; 11/5/12; Edwards, J)