Family Member Wasn't Listed on Tenant's Income Affidavit

May 31, 2010

LVT Number: #22684

Tenant’s family member claimed pass-on rights to tenant's subsidized housing unit after tenant died. The DHCR ruled against the family member. She appealed, claiming that the agency’s decision was arbitrary and unreasonable. The court and appeals court ruled against her. The family member failed to prove that the apartment was her primary residence. She wasn’t listed on tenant’s income affidavits, and no notice of a change in family composition was ever filed.

Tenant’s family member claimed pass-on rights to tenant's subsidized housing unit after tenant died. The DHCR ruled against the family member. She appealed, claiming that the agency’s decision was arbitrary and unreasonable. The court and appeals court ruled against her. The family member failed to prove that the apartment was her primary residence. She wasn’t listed on tenant’s income affidavits, and no notice of a change in family composition was ever filed. Even if landlord knew about tenant’s family member and let her live in the apartment, the DHCR can’t be stopped from enforcing the applicable regulations for passing on apartments.

Taylor v. DHCR: NYLJ, 5/27/10, p. 33, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ)

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