Undisclosed Son of Mitchell-Lama Tenant Can't Get Pass-on Rights

June 30, 2000

LVT Number: 14221

Landlord Mitchell-Lama housing company sued to evict tenant's son after tenant died. The son claimed pass-on rights. The court ruled for landlord. Although tenant's son claimed that he lived in the apartment with tenant for at least two years before she died, he was never listed on any of tenant's income affidavits, and tenant never filed a Notice of Change to Tenant's Family listing her son.

Landlord Mitchell-Lama housing company sued to evict tenant's son after tenant died. The son claimed pass-on rights. The court ruled for landlord. Although tenant's son claimed that he lived in the apartment with tenant for at least two years before she died, he was never listed on any of tenant's income affidavits, and tenant never filed a Notice of Change to Tenant's Family listing her son.

Seagirt Housing Co. v. Devivio: NYLJ, 6/7/00, p. 32, col. 6 (Civ. Ct. Queens; McGowan, J)

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