Occupant Claiming Pass-On Rights Had No Proof of Primary Residence

Occupant of a cooperative apartment housing run by HPD claimed pass-on rights to the apartment after tenant died. After a hearing, HPD ruled against occupant. Occupant appealed, claiming that HPD's decision was unreasonable. The court ruled for occupant, and sent the case back to HPD to consider whether occupant had filed tax returns as proof of his primary residence at the apartment. HPD appealed and won. Although occupant may have had a close relationship with tenant, he didn't prove he primarily resided in the apartment. There were no statements from friends or neighbors and no financial or employment records confirming his address. He didn't submit an income affidavit for the year 1998, and his New York state income tax returns didn't show proof of filing. His voter registration and jury service notice indicated only that he had ties to New York, but didn't show his primary residence was there. Occupant had sufficient opportunity to present other proof during the course of HPD's hearing. It was improper for the lower court to send the case back to consider additional evidence.

Slesinger v. HPD: NYLJ, 4/6/07, p. 30, col. 6 (App. Div. 1 Dept.; Andrias, JP, Friedman, Sullivan, Nardelli, Malone, JJ)