Occupant Not Listed on Income Affidavit

August 31, 1995

LVT Number: 9958

Landlord sued to evict occupant of Mitchell-Lama apartment. Occupant claimed that tenant, who had died, was her godmother. Landlord asked the court to decide the case without a trial. It was clear that occupant originally moved into the apartment without landlord's approval. And she wasn't listed on tenant's last two income recertifications. Not listing occupant on the income affidavit violated Mitchell-Lama regulations, so occupant had no pass-on rights to the apartment.

Landlord sued to evict occupant of Mitchell-Lama apartment. Occupant claimed that tenant, who had died, was her godmother. Landlord asked the court to decide the case without a trial. It was clear that occupant originally moved into the apartment without landlord's approval. And she wasn't listed on tenant's last two income recertifications. Not listing occupant on the income affidavit violated Mitchell-Lama regulations, so occupant had no pass-on rights to the apartment. However, a trial was needed because landlord hadn't submitted a sworn statement from someone with personal knowledge of the facts.

Patrick E. Gorman Housing Co. v. Coakley: NYLJ, p. 24, col. 4 (8/2/95) (Civ. Ct. Kings; Baynes, J)

Topics

More like this