Tenant's Son Doesn't Prove Succession Rights

The son of a deceased tenant filed an Article 78 court appeal of HPD's decision to deny his claim for succession to tenant's apartment. The court ruled against the son, who appealed and lost. While HPD was processing the son's application, it sent repeated requests for credible and reliable proof of primary residence during the relevant time period. The son was given due process and a full and fair opportunity to present his case. But he failed to submit a NYC resident income tax return for the relevant period as required by applicable regulations, or to submit a 2017 income affidavit listing him as a co-occupant of the apartment. So HPD rationally concluded that the son didn't show that he primarily resided in the apartment until after tenant died.

Wright v. HPD: Index No. 155883/20, NYLJ 3/3/22, p.19, col. 6 (App. Div. 1 Dept.; 3/3/22; Gische, JP, Shulman, Rodriguez, Pitt, JJ)