Non-Family Member Can't Get Tenant's Apartment

April 8, 2012

LVT Number: #24004

HPD denied apartment occupant's application for succession rights to a Mitchell-Lama apartment after tenant died. Occupant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for occupant. HPD appealed and won. HPD reasonably determined that occupant wasn't a family member as defined by the Rules of the City of New York. Occupant therefore had no succession rights.

HPD denied apartment occupant's application for succession rights to a Mitchell-Lama apartment after tenant died. Occupant appealed, claiming that HPD's decision was arbitrary and unreasonable. The court ruled for occupant. HPD appealed and won. HPD reasonably determined that occupant wasn't a family member as defined by the Rules of the City of New York. Occupant therefore had no succession rights.

Morton v. HPD: NYLJ, 3/16/12, p. 27, col. 4 (App. Div. 2 Dept.; Rivera, JP, Eng, Hall, Sgroi, JJ)

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