GREICHEL v. HOUSING AND COMMUNITY RENEWAL

Petitioner did not have the right to succeed to the subject Mitchell-Lama unit upon the death of the tenant of record since it is undisputed that she was not listed on the income affidavits required by the agency and thus could not make the necessary demonstration that the unit was her primary residence ( 9 NYCRR 1727-8.2 [a] [5]; Matter of Renda v New York State Div. of Hous. Community Renewal, 22 AD3d 382).