Murphy v. New York State Div. Of Hous & Community Renewal

In Murphy v. New York State Div. Of Hous & Community Renewal (21 NY3d 649, 977 N.Y.S.2d 161) the Court of Appeals allowed succession of a son under Mitchell Lama Succession regulations, where the tenant had failed to include the son on an income affidavit for one out of the two years prior to the tenant vacating. The court held that in the context of succession, the principal purpose of the income affidavit was to provide proof of the applicant's primary residence, that it was undisputed that the son had resided in the premises for the two year period, and the failure had no impact on the amount of rent assessed or due.