Tenant's Son Wasn't Listed for Two Years on Income Affidavits

June 24, 2017

LVT Number: #27730

Mitchell-Lama landlord notified tenant's son that he must vacate the apartment after tenant died. The son claimed succession rights and appealed to HPD. HPD ruled against the son, who filed an Article 78 appeal. The court and appeals court ruled against the son. The son didn't prove that he lived in the apartment with tenant between August 2009 and August 2011. And the son wasn't listed as an occupant on tenant's annual household income affidavit for the apartment in 2009.

Mitchell-Lama landlord notified tenant's son that he must vacate the apartment after tenant died. The son claimed succession rights and appealed to HPD. HPD ruled against the son, who filed an Article 78 appeal. The court and appeals court ruled against the son. The son didn't prove that he lived in the apartment with tenant between August 2009 and August 2011. And the son wasn't listed as an occupant on tenant's annual household income affidavit for the apartment in 2009. Applicable regulations required listing by tenant of a family member for at least two consecutive years before tenant died or moved out. 

Fishbein v. HPD: 2017 NY Slip Op 04117, 2017 WL 2260157, NYLJ No. 1202787604527 (App. Div. 2 Dept.; 5/24/17; Dillon, JP, Austin, Hinds-Radix, Maltese, JJ)

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