Roommate Can't Get Tenant's Mitchell-Lama Apartment
LVT Number: #27781
Apartment occupant claimed succession rights to tenant's Mitchell-Lama apartment in Manhattan after tenant died. HPD ruled against occupant, who then filed an Article 78 court appeal. The court ruled against occupant. Occupant claimed that she had a family-type relationship with tenant. But occupant also had an Astoria apartment listed on her driver's license and voter records. Occupant also failed to submit proof that she and tenant shared apartment expenses. Occupant admitted that she and tenant kept their finances separate, although she claimed that this was because tenant had substance abuse problems. Tenant also didn't list occupant on annual income affidavits filed with landlord. And there was insufficient proof that occupant maintained her primary residence in tenant's apartment. HPD's denial of occupant's succession claim was reasonable.
Borekas v. HPD: 2017 NY Slip Op 04805, 2017 WL 2540238 (App. Div. 1 Dept.; 6/13/17; Friedman, JP, Mazzarelli, Moskowitz, Gische, Gesmer, JJ)