Tenants' Son Can't Get Subsidized Apartment

June 27, 2016

LVT Number: #27070

Tenants’ son claimed succession rights to an apartment regulated by HPD. HPD ruled against the son, who then filed an Article 78 appeal claiming that HPD’s decision was arbitrary and unreasonable. The court ruled against the son. HPD’s decision was rational. The son failed to prove that he lived in the apartment with tenants for two years before tenants moved out.

 

Tenants’ son claimed succession rights to an apartment regulated by HPD. HPD ruled against the son, who then filed an Article 78 appeal claiming that HPD’s decision was arbitrary and unreasonable. The court ruled against the son. HPD’s decision was rational. The son failed to prove that he lived in the apartment with tenants for two years before tenants moved out.

 

Shmushkovich v. HPD: 29 N.Y.S.3d 187, 2016 NY Slip Op 03513 (App. Div. 2 Dept.; 5/4/16; Leventhal, JP, Dickerson, Cohen, Hinds-Radix, JJ)

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