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
451560/2023
Slip Opinion Number
2024 NY Slip Op 30640(U)
Petitioner
Kelvin Batts
Respondent
Adolfo Carrion, New York City Department of Housing Preservation and Development, Linden Plaza Preservation, L.P.
Judge
Waterman-Marshall, Kathleen
Decision/Order Date
2024-03-01
Posture
Post-answer Motion by Petitioner
Disposition
Judgment for Petitioner
Winner
Tenant Substantially Won
Synopsis
In an Article 78 proceeding, the tenant sought to overturn HPD's denial of succession rights to a Mitchell-Lama apartment. The court found HPD's decision arbitrary, emphasizing the tenant's long-term residence, financial ties, and caregiving role. Despite a procedural lapse in income affidavits, tenant's consistent documentation and residence were sufficient under regulatory standards, leading to eviction certificate vacatur and lease grant, while disbursements were denied due to waived costs.
Recommended Citation
"Batts v. Carrion" (2024). All Decisions. 1585.
https://ir.lawnet.fordham.edu/housing_court_all/1585
