Mitchell-Lama Tenant's Daughter Can't Get Apartment

April 11, 2013

LVT Number: 24707

Mitchell-Lama tenant's daughter and grandson filed an Article 78 court appeal of HPD's decision denying their application for succession rights after tenant died in 2011.  HPD had found that they didn't live in the apartment with tenant for at least two years before tenant died. The court ruled against the family members, finding that HPD's decision had a rational basis. Tenant didn't list her daughter on any income affidavits, and the daughter submitted no documentation showing that she primarily resided in the apartment during the required time period.

Mitchell-Lama tenant's daughter and grandson filed an Article 78 court appeal of HPD's decision denying their application for succession rights after tenant died in 2011.  HPD had found that they didn't live in the apartment with tenant for at least two years before tenant died. The court ruled against the family members, finding that HPD's decision had a rational basis. Tenant didn't list her daughter on any income affidavits, and the daughter submitted no documentation showing that she primarily resided in the apartment during the required time period. She in fact claimed that she moved into the apartment in April 2011. The daughter attempted to submit new evidence with her court appeal, but this was improper and couldn't be considered.

Hamilton v. Lindsay Park Housing Corporation: Index No. 402004/2012, NYLJ No. 1202590772419 (Sup. Ct. NY; 2/8/13; Kern, J)

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