Occupant Can't Prove Succession Rights to Mitchell-Lama Co-op Apartment

In early 2020, landlord started a lease termination proceeding at HPD against a Mitchell-Lama co-op tenant, seeking a Certificate of Eviction. The tenant had lived in a caretaking facility since 2015 and at a later date her guardian advised landlord that she was not returning to the apartment. In response to HPD's actions, apartment occupant filed an application with HPD seeking succession rights to the apartment. HPD denied the request, and occupant then filed an Article 78 court appeal of HPD's decision.

The court ruled against occupant. HPD found that occupant failed to prove an emotional and financial commitment to the former co-op tenant or that he lived in the apartment with tenant as his primary residence for at least two years before she permanently vacated the unit. Tenant also never listed occupant as an apartment occupant on relevant income affidavits filed by tenant while living in the building. Occupant didn't provide any documents showing that there was any financial commitment or interdependence between himself and tenant, or that he lived in the apartment with her for the two years before tenant permanently vacated the unit. 

Walker v. HPD: Index No. 512253/2022, 2023 NY Slip Op 30022(U)(Sup. Ct. Kings; 1/4/23; Melendez, J)