Tenant's Son Didn't Prove Succession Rights to Public Housing Apartment

Public housing tenant's son claimed succession rights to tenant's apartment after tenant died. HPD ruled against tenant's son, who then filed an Article 78 court appeal to challenge HPD's decision. The court ruled against tenant's son, who appealed and lost. HPD had a rational basis for finding that tenant's son didn't prove that tenant's apartment was his primary residence from 2005 to 2007, two years before tenant's death. Although he submitted some documents supporting his claim, the son also was the tenant of record in a rent-stabilized apartment at the time in question. By law, he was required to live in the rent-stabilized apartment as his primary residence. The son also paid rent on a second rent-stabilized apartment. Tenant's son also failed to file a New York City resident income tax return for 2006, which also was required to support his succession claim. His claim that he had no income that year was inconsistent with proof that he paid rent on one of the rent-stabilized apartments during the relevant period. 

Bien-Aime v. Been: 95 N.Y.S.3d 804, 2019 NY Slip Op 02654 (App. Div. 1 Dept.; 4/9/19; Renwick, JP, Richter, Tom, Kahn, Moulton, JJ)