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

November 18, 2016

LVT Number: #27321

HPD denied occupant’s application for succession rights to a Mitchell-Lama apartment. Occupant appealed and lost. HPD’s decision had a rational basis. The occupant was tenant’s husband but failed to demonstrate that the apartment was his primary residence from the inception of the tenancy or that he was listed on tenant’s income affidavit during that time period. Occupant also failed to submit any proof of primary residence such as bank statements, voter registrations, or bills addressed to him at the apartment.

 

 

HPD denied occupant’s application for succession rights to a Mitchell-Lama apartment. Occupant appealed and lost. HPD’s decision had a rational basis. The occupant was tenant’s husband but failed to demonstrate that the apartment was his primary residence from the inception of the tenancy or that he was listed on tenant’s income affidavit during that time period. Occupant also failed to submit any proof of primary residence such as bank statements, voter registrations, or bills addressed to him at the apartment.

 

 
Horne v. Wambua: 2016 N.Y. Slip Op. 06958, 2016 WL 6210262 (App. Div. 1 Dept.; 10/25/16; Tom, JP, Mazzarelli, Richter, Manzanet-Daniels, Webber, JJ)

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