Ordered that the order and judgment is affirmed, with one bill of costs.
Pursuant to 28 RCNY 3-02 (p) (3), to succeed to the leasehold rights of a Mitchell-Lama apartment, one must be a "family member" as defined in 28 RCNY 3-02 (p) (2) (ii), and must have resided in the apartment with the former legal tenant for two years immediately prior to the tenant's permanent vacatur of the apartment.
There is no dispute that the petitioner is the daughter of the tenant of record for the apartment. The agency denied the petitioner's application for succession rights because she failed to establish that she had resided in the apartment with her mother, the tenant, for two years immediately prior to the mother's death in February 1990. The determination was supported by a rational basis, and we decline to disturb it.
The petitioner's remaining contentions are without merit.
Bracken, J. P., Copertino, McGinity and Luciano, JJ., concur.