Tenant's Son Can't Get Mitchell-Lama Co-op Apartment

November 23, 2022

LVT Number: #32329

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found inconsistencies regarding the son's other addresses, including proof that the son and his wife owned or rented at least two other apartments. The son claimed that he lived with tenant from 2005 until 2009. He submitted voting and tax records supporting his claim.

HPD denied the succession rights claim filed by the son of a Mitchell-Lama co-op tenant who died in 2009. The son then filed an Article 78 court appeal of HPD's decision. The court ruled against him. HPD found inconsistencies regarding the son's other addresses, including proof that the son and his wife owned or rented at least two other apartments. The son claimed that he lived with tenant from 2005 until 2009. He submitted voting and tax records supporting his claim. But HPD rationally relied on another 2016 affidavit by the son stating that he had lived at another apartment since 1984.

Kralik v. HPD: Index No. 154431/2022, NYLJ No. 1666676124 (Sup. Ct. NY; 10/18/22; Love, J)

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