Tenant's Son Attended College During Two-Year Period

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) Mitchell Lama tenant's son claimed pass-on rights to tenant's apartment after tenant died. Landlord objected, claiming that the son didn't live with tenant for two years before tenant died. Tenant also didn't include his son in income affidavits or recertifications required for this housing. HPD held a hearing and ruled for tenant's son. Tenant was Chinese and couldn't read or write English. His son claimed that tenant didn't understand the income affidavits. Landlord presented no proof to the contrary. And being away at college didn't bar son's pass-on rights. He proved the apartment was his primary residence for at least two years before tenant died. The school records listed the apartment as his permanent address, and he received bank statements and a marine license at the apartment.

Chinatown Apartments, Inc. v. Chan: HPD Adm. Order (3/7/05) (Lippa, ALJ) [7-pg. doc.]