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

June 24, 2017

LVT Number: #27725

The brother of Mitchell-Lama co-op shareholder tenant sought succession rights to an apartment after tenant moved out. HPD ruled against the brother, who filed an Article 78 appeal. He claimed that HPD's decision was unreasonable and violated due process, and that landlord discriminated against him. The court ruled against the brother, who appealed and lost. While HPD didn't provide translation services to the brother, none were requested and the brother submitted written documents to HPD in English.

The brother of Mitchell-Lama co-op shareholder tenant sought succession rights to an apartment after tenant moved out. HPD ruled against the brother, who filed an Article 78 appeal. He claimed that HPD's decision was unreasonable and violated due process, and that landlord discriminated against him. The court ruled against the brother, who appealed and lost. While HPD didn't provide translation services to the brother, none were requested and the brother submitted written documents to HPD in English. HPD also wasn't required to provide a hearing before deciding on the brother's application.

Sanchez v. HPD: 2017 NY Slip Op 03758, 2017 WL 1902774 (App. Div. 2 Dept.; 5/10/17; Mastro, JP, Sgroi, Maltese, Duffy, JJ)

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