Tenant's son can't get Mitchell-Lama apartment #22418.

Position:PASSING ON APARTMENTS
 
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Upstate tenant's son claimed pass-on rights to tenant's Mitchell-Lama apartment after tenant died in 1995. Tenant had moved into the unit in 1992. The DHCR ruled against the son, finding that he wasn't included as a new occupant by tenant or listed on tenant's income affidavits while living in the unit. The son filed an Article 78 appeal to the court and won. The court found that the DHCR's interpretation of Regulation 9 NYCRR 1727-8.3(a) was arbitrary and unreasonable.

The DHCR then appealed and won. When read with other regulations, the DHCR's long-standing interpretation was reasonable. A person claiming succession rights to a Mitchell-Lama apartment must prove that (1) he's a member of tenant's family; (2) he lived with tenant as a primary residence...

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