Case Type
Holdover: Non-primary Residence
Housing Type
Mitchell-Lama
Court
Appellate Division, First Department
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154431/22
Slip Opinion Number
2024 NY Slip Op 00135
Petitioner
George Kralik
Respondent
New York City Department of Housing Preservation & Development, Tri-Faith Housing Company, Inc.
Judge
Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy
Decision/Order Date
2024-01-11
Posture
Appeal by Tenant
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
Tenant appealed landlord's denial of succession rights to a Mitchell-Lama apartment. Appellate Division affirmed, finding tenant failed to meet residency requirements. Key Legal Points: Tenant must establish primary residency for requisite period before succession; evidence of residency must be credible and consistent; housing authority has duty to enforce Mitchell-Lama Law regardless of actions or agreements by housing company.
Recommended Citation
"Matter of Kralik v. New York City Dept. of Hous. Preserv. & Dev." (2024). All Decisions. 1325.
https://ir.lawnet.fordham.edu/housing_court_all/1325
