Case Type
Holdover-Non-primary Residence
Housing Type
Other
Court
Court of Appeals
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
No. 111
Slip Opinion Number
2025 NY Slip Op 07079
Petitioner
Kermit Mantilla
Respondent
New York City Department of Housing Preservation and Development, et al.
Judge
Cannataro, J., Chief Judge Wilson, Judges Garcia, Singas, Halligan, Rivera, and Troutman
Decision/Order Date
2025-12-18
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
In this CPLR article 78 proceeding, the Court of Appeals affirmed the denial of a tenant's succession rights to a deceased brother's Mitchell-Lama apartment. The landlord (HPD) found the tenant failed to prove primary residency for the required one-year period prior to the brother's death, despite being an eligible family member and listed on income affidavits. While the tenant presented some evidence like SNAP correspondence and power of attorney over the brother's bank account, the Court held the agency had a rational basis for concluding this was insufficient. The Court emphasized its deferential standard of review for administrative determinations, upholding the landlord's decision.
Keywords
Mitchell-Lama; Succession; 28 RCNY 3-02; Rational Basis For Administrative Decision; Documentary Evidence Insufficient To Establish Succession
Recommended Citation
"Matter of Mantilla v. New York City Dept. of Hous. Preserv. & Dev." (2025). All Decisions. 2064.
https://ir.lawnet.fordham.edu/housing_court_all/2064
