Occupant Can't Get Mitchell-Lama Apartment After Tenant Vacated
LVT Number: #33688
HPD held a hearing in response to landlord's request for a certification of eviction for a Mitchell-Lama unit and heard occupant's claim for succession rights to tenant's apartment. HPD ruled for landlord and against the occupant, so that landlord could commence housing court proceedings against the occupant. Occupant filed an Article 78 court appeal of HPD's decision, claiming that it wasn't based on substantial evidence.
The court ruled against occupant, finding he hadn't proved succession rights. And, although occupant claimed retaliatory eviction, he made no good faith complaint to a governmental authority of the landlord's violation of any health or safety law or regulation, or any claim of rent gouging, within six months before landlord started its action before HPD.
Diner v. HPD: Index No. 505040/20, Case No. 2021-02716, 2025 NY Slip Op 02589 (App. Div. 2 Dept.; 4/30/25; Connolly, JP, Christopher, Dowling, Ventura, JJ)