Daughter Can't Get Mitchell-Lama Apartment

August 31, 2011

LVT Number: #23586

The daughter of a Mitchell-Lama tenant sought succession rights after tenant died. HPD ruled against the daughter, who appealed and lost. First, the daughter’s Article 78 petition for court review of HPD’s decision wasn’t filed within four months of HPD’s decision and therefore was untimely. In addition, the daughter wasn’t listed on tenant’s last two annual income recertifications as a household member. So she wasn’t entitled to succession under Mitchell-Lama rules.

The daughter of a Mitchell-Lama tenant sought succession rights after tenant died. HPD ruled against the daughter, who appealed and lost. First, the daughter’s Article 78 petition for court review of HPD’s decision wasn’t filed within four months of HPD’s decision and therefore was untimely. In addition, the daughter wasn’t listed on tenant’s last two annual income recertifications as a household member. So she wasn’t entitled to succession under Mitchell-Lama rules.

Hamilton v. Crown Gardens Housing Corp.: 32 Misc.3d 1235(A), 2011 NY Slip Op 51584(U)(Sup. Ct. Kings; 8/18/11; Lewis, J)

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