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

January 25, 2016

LVT Number: #26731

HPD denied Mitchell-Lama co-op apartment occupant’s application for succession rights after tenant moved out. The occupant, who was tenant’s nephew, filed an Article 78 appeal, claiming that HPD’s decision was arbitrary and unreasonable. The court ruled for nephew. HPD appealed and won. The appeals court found that HPD’s decision was rational. The parties had a long relationship, first as neighbors and then as co-residents.

HPD denied Mitchell-Lama co-op apartment occupant’s application for succession rights after tenant moved out. The occupant, who was tenant’s nephew, filed an Article 78 appeal, claiming that HPD’s decision was arbitrary and unreasonable. The court ruled for nephew. HPD appealed and won. The appeals court found that HPD’s decision was rational. The parties had a long relationship, first as neighbors and then as co-residents. During that time, they regularly participated in family activities together, held themselves out as family members, and cared for each other, especially as tenant’s health deteriorated. But there was insufficient proof of intermingling of finances, sharing of household expenses, or formalizing legal obligations. 

 

 

 

Olivero v. HPD: 21 N.Y.S.3d 73, 2015 N.Y. Slip Op. 09167 (App. Div. 1 Dept.; 12/10/15; Gonzalez, PJ, Sweeny, Renwick, Feinman, JJ)

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