Son Can't Get Tenants' Mitchell-Lama Apartment

December 1, 2010

LVT Number: #23058

HPD denied a son's application to succeed to tenants' Mitchell-Lama apartment. The son appealed, claiming HPD's decision was arbitrary and unreasonable. The court and appeals court ruled against him. HPD rationally determined that there was insufficient proof that the son lived in the apartment with tenants before they moved out. He wasn't included as an occupant in tenants' income affidavits. And he used a different address as his residence for filing tax returns during the relevant period.

HPD denied a son's application to succeed to tenants' Mitchell-Lama apartment. The son appealed, claiming HPD's decision was arbitrary and unreasonable. The court and appeals court ruled against him. HPD rationally determined that there was insufficient proof that the son lived in the apartment with tenants before they moved out. He wasn't included as an occupant in tenants' income affidavits. And he used a different address as his residence for filing tax returns during the relevant period. HPD was required to provide Mitchell-Lama housing only to applicants who met the specified eligibility requirements.

Quinto v. HPD: NYLJ, 11/28/10, p. 27, col. 1 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Sweeny, Richter, Manzanet-Daniels, JJ)

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