Tenant's Grandnephew Gets Mitchell-Lama Co-op Apartment

August 16, 2016

LVT Number: #27133

The grandnephew of a deceased Mitchell-Lama cooperative tenant filed an Article 78 court appeal of HPD’s decision that he didn’t have succession rights to tenant’s apartment. The court ruled for the grandnephew, finding that he was a family member with succession rights. The grandnephew showed that he lived in the apartment as his primary residence for one year before tenant died, and had an emotional financial commitment and interdependence with tenant.

The grandnephew of a deceased Mitchell-Lama cooperative tenant filed an Article 78 court appeal of HPD’s decision that he didn’t have succession rights to tenant’s apartment. The court ruled for the grandnephew, finding that he was a family member with succession rights. The grandnephew showed that he lived in the apartment as his primary residence for one year before tenant died, and had an emotional financial commitment and interdependence with tenant. HPD also had records of the grandnephew’s occupancy since it had recertified the grandnephew as part of the apartment’s family composition while tenant was alive. 

 

 

 

 

King-Rubie v. Wambua: 2016 NY Slip Op 05499, 2016 WL 3704434 (App. Div. 2 Dept.; 7/13/16; Balkin, JP, Hall, Barros, Connolly, JJ)

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