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

May 11, 2012

LVT Number: #24077

Tenant's wife sought pass-on rights to tenant's Mitchell-Lama apartment after tenant moved out. HPD ruled against her and issued a certificate of eviction. The wife appealed and lost. The court and appeals court found that HPD's decision was reasonable. The wife failed to prove that she lived in the apartment as her primary residence for the two years before tenant moved out. She also wasn't listed on tenant's income affidavits for those two years.

Tenant's wife sought pass-on rights to tenant's Mitchell-Lama apartment after tenant moved out. HPD ruled against her and issued a certificate of eviction. The wife appealed and lost. The court and appeals court found that HPD's decision was reasonable. The wife failed to prove that she lived in the apartment as her primary residence for the two years before tenant moved out. She also wasn't listed on tenant's income affidavits for those two years.

Yunayeva v. Kings Bay Housing Co., Inc.: NYLJ, 4/9/12, p. 19, col. 5 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Catterson, Renwick, Richter, JJ)

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