Occupant Not Listed on Income Affidavit

April 30, 1995

LVT Number: 9668

Landlord applied to the DHCR for a certificate of eviction against occupant of a Mitchell-Lama apartment. The DHCR ruled for landlord and occupant appealed. The court and appeals court ruled against occupant. Occupant didn't prove he had lived in the apartment for two years prior to tenant's death. Notably, tenant's rent was government-subsidized and occupant wasn't listed on tenant's income affidavit. Had occupant been listed, tenant would have been either evicted or subject to a substantial rent surcharge.

Landlord applied to the DHCR for a certificate of eviction against occupant of a Mitchell-Lama apartment. The DHCR ruled for landlord and occupant appealed. The court and appeals court ruled against occupant. Occupant didn't prove he had lived in the apartment for two years prior to tenant's death. Notably, tenant's rent was government-subsidized and occupant wasn't listed on tenant's income affidavit. Had occupant been listed, tenant would have been either evicted or subject to a substantial rent surcharge.

Johnson v. DHCR: NYLJ, p. 26, col. 4 (4/3/95) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Kupferman, Asch, Mazzarelli, JJ)

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