Son of Mitchell-Lama Tenant Doesn't Prove Pass-on Rights

March 31, 2008

LVT Number: #20310

Tenant's son applied for pass-on rights to tenant's Mitchell-Lama apartment. The DHCR ruled against tenant's son. He appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. First, the son's appeal was untimely. In addition, he didn't show why his name didn't appear on his mother's income affidavits for the two years before she moved out of the apartment in 1995. So there was insufficient proof that tenant's son lived in the apartment with tenant long enough to claim pass-on rights. The DHCR's decision was reasonable.

Tenant's son applied for pass-on rights to tenant's Mitchell-Lama apartment. The DHCR ruled against tenant's son. He appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. First, the son's appeal was untimely. In addition, he didn't show why his name didn't appear on his mother's income affidavits for the two years before she moved out of the apartment in 1995. So there was insufficient proof that tenant's son lived in the apartment with tenant long enough to claim pass-on rights. The DHCR's decision was reasonable.

Callwood v. Cabrera: NYLJ, 3/20/08, p. 33, col.2 (App. Div. 1 Dept.; Lippman, PJ, Gonzalez, Sweeny, Catterson, JJ)

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