Case Type
Other
Housing Type
Other
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
508054/23
Slip Opinion Number
2026 NY Slip Op 00248
Petitioner
Nataliya Parkhalyuk
Respondent
Ruthanne Visnauskas, New York State Division of Housing and Community Renewal, Bayridge Air Rights, Inc.
Judge
Barros, Betsy; Ford, William G.; Ventura, Lourdes M.; Golia, Donna-Marie E.
Decision/Order Date
2026-01-21
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Landlord Substantially Won
Synopsis
The tenant appealed from an order and judgment affirming the New York State Division of Housing and Community Renewal's (DHCR) determination that the tenant and her daughter lacked succession rights to a Mitchell-Lama apartment. The court affirmed the lower court's decision to grant the landlord's cross-motion to dismiss the proceeding, finding DHCR's determination was rational and not arbitrary or capricious. DHCR concluded that the tenant failed to provide sufficient documentation to establish primary residence for the required two-year period prior to the aunt's death or that she was a "family member" for succession purposes.
Keywords
DHCR Determination Not Arbitrary And Capricious
Recommended Citation
"Matter of Parkhalyuk v. Visnauskas" (2026). All Decisions. 2090.
https://ir.lawnet.fordham.edu/housing_court_all/2090
