Case Type

HP

Housing Type

Mitchell-Lama

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

151213/2023

Slip Opinion Number

2024 NY Slip Op 30183(U)

Petitioner

Chanel Roper

Respondent

New York City Department of Housing Preservation and Development

Judge

Moyne, Nicholas W.

Decision/Order Date

2024-01-16

Posture

Article 78

Disposition

Remanded

Winner

Other

Synopsis

Tenant sought succession rights to a Mitchell-Lama apartment after the death of the tenant of record, who she claimed was her grandmother-in-law (non-traditional familial relationship case). Landlord denied the claim, stating tenant failed to provide sufficient evidence of a financial and emotional commitment and interdependence with the tenant of record. Court remanded the case to landlord for further consideration, finding that the Hearing Officer did not adequately consider all relevant factors and evidence. Key Legal Points: Need to carefully consider all enumerated factors in succession regulations and provide applicants with a fair opportunity to present their case.

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