Tenant's Brother Can't Get Mitchell-Lama Apartment

April 30, 2007

LVT Number: #19593

Mitchell-Lama tenant moved out of the building. Her brother claimed pass-on rights. He said that he had lived in the apartment with tenant for at least two years before she moved out. HPD issued a certificate of eviction to landlord, without holding a hearing. Tenant's brother appealed and lost. Documents submitted to HPD supported its decision. Tenant's income affidavit for the two years before she moved out stated that she was the only apartment occupant. Brother's 1998 and 1999 tax returns, W-2 forms, and bank statements all listed a Dutchess County address.

Mitchell-Lama tenant moved out of the building. Her brother claimed pass-on rights. He said that he had lived in the apartment with tenant for at least two years before she moved out. HPD issued a certificate of eviction to landlord, without holding a hearing. Tenant's brother appealed and lost. Documents submitted to HPD supported its decision. Tenant's income affidavit for the two years before she moved out stated that she was the only apartment occupant. Brother's 1998 and 1999 tax returns, W-2 forms, and bank statements all listed a Dutchess County address. His 1999 New York City Non-Resident Tax Return stated that he didn't maintain an apartment or live in New York City for any part of that year.

Pietropolo v. HPD: NYLJ, 4/25/07, p. 27, col. 1 (App. Div. 1 Dept.; Andrias, JP, Saxe, Marlow, Nardelli, Williams, JJ)

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