Successful Eviction of Shareholder Illegally Claiming Succession Rights

By Courtney J. Lerias

Our client, the Board of Directors of a Mitchell Lama cooperative, unable to determine who was occupying one of the apartments, submitted the case to us.  After a review of the file and an intensive investigation, our office discovered that the shareholder of record had been deceased, yet the household income affidavits were being fraudulently signed and notarized in his name.

Our office immediately sent a letter to the occupant of the apartment, denying any claims for succession rights.  We provided the letter denying succession rights and our breadth of evidence supporting such denial to the New York City Department of Housing Preservation and Development (“HPD”).  Almost immediately thereafter, HPD issued an opinion, affirming the denial of succession rights and issuing a certificate of eviction for the removal of the occupant.

Courtney J. Killelea and Vladimir Mironenko represented the Board in the case on behalf of the cooperative corporation.

Adam Leitman Bailey, P.C.