Remaining Family Member in LIHTC Building Gets Rent-Stabilized Apartment

Landlord sued to evict the occupant of an apartment located in a building where some portion of apartments were set aside for low-income tenants after rent-stabilized tenant died. The occupant claimed succession rights as a remaining family member and asked the court to dismiss the case. Landlord argued that the occupant was barred from claiming succession rights because he wasn't named on tenant's recertification documents filed under the Federal Low-Income Housing Tax Credit (LIHTC) program. The court agreed with the occupant that any absence from the prior tenant's LIHTC income affidavits didn't bar him from claiming succession rights, and pointed to other cases that ruled similarly. The court ruled for the occupant, finding that he qualified for succession rights, and dismissed the case. 

Crotona Park Residences v. Elicier: Index No. 302508/23, 2024 NY Slip Op 50606(U), 82 Misc.3d 1q253(A)(Civ. Ct. Bronx; 5/22/24; Tovar, J)