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

September 21, 2014

LVT Number: #25730

After Mitchell-Lama tenant moved out of an apartment, his sister claimed that she was a remaining family member entitled to the apartment. HPD ruled that the sister had no succession rights. The sister filed an Article 78 appeal and lost. The sister failed to establish that she resided with tenant in the apartment for the two-year period between 2005 and 2006 before tenant allegedly moved out. Evidence showed that tenant had in fact moved out of the apartment in 1996 and had been renting a rent-stabilized apartment in Queens. 

After Mitchell-Lama tenant moved out of an apartment, his sister claimed that she was a remaining family member entitled to the apartment. HPD ruled that the sister had no succession rights. The sister filed an Article 78 appeal and lost. The sister failed to establish that she resided with tenant in the apartment for the two-year period between 2005 and 2006 before tenant allegedly moved out. Evidence showed that tenant had in fact moved out of the apartment in 1996 and had been renting a rent-stabilized apartment in Queens. 

Aleksandrovich v. HPD: 44 Misc.3d 1217(A), 2014 NY Slip Op 51168(U) (Sup. Ct. Kings; 8/1/14; Schack, J)

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