Occupant Can't Claim Pass-on Rights in Eviction Case

March 7, 2012

LVT Number: #23938

Landlord of Mitchell-Lama building sued to evict an apartment occupant after tenant moved out. The occupant claimed succession rights. The court ruled for landlord. The occupant appealed and lost. Only the DHCR has the authority to determine remaining family member claims in state-assisted Mitchell-Lama housing. So the occupant couldn't raise this defense in the housing court proceeding.

Landlord of Mitchell-Lama building sued to evict an apartment occupant after tenant moved out. The occupant claimed succession rights. The court ruled for landlord. The occupant appealed and lost. Only the DHCR has the authority to determine remaining family member claims in state-assisted Mitchell-Lama housing. So the occupant couldn't raise this defense in the housing court proceeding.

St. Marks Place Housing Company, Inc. v. Moultrie: NYLJ, 2/22/12, p. 28, col. 4 (App. T. 2 Dept.; Golia, JP, Weston, Rios, JJ)

Topics

More like this