Tenant's Partner Claims Right to Mitchell-Lama Apartment

November 1, 2002

LVT Number: 16185

After Mitchell-Lama tenant died, apartment occupant claimed pass-on rights. He claimed that he was tenant's life partner. HPD held a hearing and ruled against occupant. Occupant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for occupant. HPD had overlooked proof that tenant and occupant were in a financially committed relationship. He had submitted sworn statements showing that they shared household expenses while he cared for tenant during her breast cancer illness.

After Mitchell-Lama tenant died, apartment occupant claimed pass-on rights. He claimed that he was tenant's life partner. HPD held a hearing and ruled against occupant. Occupant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for occupant. HPD had overlooked proof that tenant and occupant were in a financially committed relationship. He had submitted sworn statements showing that they shared household expenses while he cared for tenant during her breast cancer illness. Since they didn't have substantial assets, the lack of formalized legal obligations or joint financial transactions didn't prove there was no relationship. The case was sent back to HPD for reconsideration.

Diaz v. Perine: NYLJ, 10/9/02, p. 26, col. 2 (Sup. Ct. NY; Shafer, J)

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