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

April 25, 2017

LVT Number: #27612

HPD determined that tenant’s grandson didn’t have succession rights to tenant's Mitchell-Lama apartment after tenant died. The grandson filed an Article 78 court appeal of HPD’s decision, claiming that it was arbitrary and unreasonable. The appeals court ruled against the grandson. The grandson didn't submit sufficient proof that he co-resided with tenant for at least two years before her death and that his name appeared on at least the last two income affidavits that tenant submitted to HPD before her death.

HPD determined that tenant’s grandson didn’t have succession rights to tenant's Mitchell-Lama apartment after tenant died. The grandson filed an Article 78 court appeal of HPD’s decision, claiming that it was arbitrary and unreasonable. The appeals court ruled against the grandson. The grandson didn't submit sufficient proof that he co-resided with tenant for at least two years before her death and that his name appeared on at least the last two income affidavits that tenant submitted to HPD before her death. The grandson submitted to the court without explanation only an incomplete affidavit, which was signed by himself rather than tenant, which wasn’t submitted to HPD. 

 

 

 

James v. Been: 2017 NY Slip Op 27080, 2017 WL 986978 (Sup. Ct. Kings; 3/3/17; Levine, J)

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