MATTER OF BOREKAS v. NEW YORK CITY DEPT. OF HOUS. PRESERV. & DEV.

4265. 100463/15.

151 A.D.3d 539 (2017)

2017 NY Slip Op 04805

55 N.Y.S.3d 49

In the Matter of KYRIAKI BOREKAS, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 13, 2017.


Supreme Court properly concluded that HPD's determination was rational and not arbitrary and capricious. Where a succession claim is made after a Mitchell-Lama tenant of record dies, the applicant must make an affirmative showing of three criteria: (1) that the applicant qualifies as a family member or was otherwise interdependent with the tenant of record, (2) that the unit at issue was the applicant's primary residence during the two years immediately prior to the tenant...

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