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

The brother of a Mitchell-Lama tenant claimed succession rights to tenant's apartment after tenant died. HPD ruled against the brother, who then filed an Article 78 court appeal of HPD's decision. The court ruled for the brother.

HPD appealed and won. The appeals court found that the brother failed to submit additional proof that could have supported his application, such as bank statements from his own account or a NY State driver's license issued during the relevant one-year time period before tenant died. Instead, the brother maintained a Florida license and obtained a NY license only after his brother died. Much of the correspondence to the brother from the Social Security Administration was either addressed to his Florida residence or communicated outside the co-residency period. The brother didn't submit any utility bills, medical statements, credit card statements, or other correspondence connecting him to the apartment. The appeals court found that the lower court improperly substituted its view of the evidence for that of the agency.

Mantilla v. HPD: Index No. 153475/22, App. No. 2219, Case No. 2022-03774, 2024 NY Slip Op 04484 (App. Div. 1 Dept.; 9/19/24; Friedman, Gonzalez, Mendez, JJ; Webber, JP and Moulton, J dissenting)