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

May 29, 2017

LVT Number: #27707

The nephew of a deceased Mitchell-Lama tenant sought succession rights to the apartment. HPD ruled against the nephew after a hearing. The nephew filed an Article 78 court appeal and lost. The court and appeals court found that, although the nephew was a member of tenant's family, he didn't prove that he lived in the apartment as his primary residence for at least a year before tenant moved out or that he had appeared on income documentation submitted by tenant. Tenant moved to a nursing home in 2009, and her husband moved to a nursing home in 2011.

The nephew of a deceased Mitchell-Lama tenant sought succession rights to the apartment. HPD ruled against the nephew after a hearing. The nephew filed an Article 78 court appeal and lost. The court and appeals court found that, although the nephew was a member of tenant's family, he didn't prove that he lived in the apartment as his primary residence for at least a year before tenant moved out or that he had appeared on income documentation submitted by tenant. Tenant moved to a nursing home in 2009, and her husband moved to a nursing home in 2011. The nephew also listed another address on his 2010 and 2011 income tax returns. 

Licciardi v. Been: 2017 NY Slip Op 03270, 2017 WL 1499136 (App. Div. 1 Dept.; 4/27/17; Sweeny, JP, Acosta, Renwick, Moskowitz, Kahn, JJ)

Topics

More like this