Tenant's Son Didn't Prove He Lived in Apartment

Tenant’s son appealed HPD decision denying him succession rights to tenant’s apartment. He claimed he lived with tenant between June 2004 and June 2006. The court sent the case back to HPD for further consideration. HPD then appealed and won. HPD’s decision was reasonable. Although the son was listed on tenant’s income affidavit for 2004, tenant never filed an affidavit for 2005. And tenant’s son didn’t provide requested proof that he either filed a New York City resident income tax return showing the apartment as his primary residence for the period in question or that he wasn’t legally obligated to file city tax returns. Sending the case back to give tenant’s son additional time to produce the required evidence would be futile.

Girigorie v. HPD: NYLJ, 7/6/10, p. 26, col. 6 (App. Div. 1 Dept.; Andrias, JP, Friedman, McGuire, Acosta, DeGrasse, JJ)