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

April 21, 2018

LVT Number: #28310

Deceased tenant's grandson claimed succession rights to Mitchell-Lama apartment. Landlord and HPD denied the grandson's request. Grandson filed an Article 78 court appeal and lost. The court found that HPD's decision was rational. The grandson failed to prove that he lived in the apartment with tenant for at least two years before tenant died. While the grandson submitted some documentation listing the apartment as his address, he and his aunt also made inconsistent statements about where the grandson was actually living during the two-year period in question.

Deceased tenant's grandson claimed succession rights to Mitchell-Lama apartment. Landlord and HPD denied the grandson's request. Grandson filed an Article 78 court appeal and lost. The court found that HPD's decision was rational. The grandson failed to prove that he lived in the apartment with tenant for at least two years before tenant died. While the grandson submitted some documentation listing the apartment as his address, he and his aunt also made inconsistent statements about where the grandson was actually living during the two-year period in question. The grandson also submitted some inconsistent records to HPD. 

Otero v. HPD: 59 Misc.3d 1206(A), 2018 NY Slip Op 50390(U) (Sup. Ct. NY Co.; 3/26/18; St. George, J)

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