Family Member Can't Get Deceased Tenant's Mitchell-Lama Apartment
LVT Number: #30428
Mitchell-Lama apartment occupant claimed succession rights after tenant died. HPD ruled against the occupant, who then filed an Article 78 court appeal. The court ruled against the occupant. Although occupant was a family member through a shared financial and emotional commitment and interdependence with tenant, she didn't prove that she lived in the apartment with tenant during the co-residency period required to qualify for succession rights.
Charles v. HPD: 2019 NY Slip Op 32837(U) (Sup. Ct. NY; 9/30/19; Perry, J)