"Finding that leasing documents, proof of state benefits and income certifications submitted to a landlord weren't sufficient on their own to establish proof of residency and thus gain succession rights to a Mitchell-Lama apartment designated for low and middle income residents the state's highest court ruled against the brother of a terminally ill musician who lived in Hell's Kitchen and died in 2020."
"When people deal with the death of a family member, he said, realistically, they aren't stacking up documents to apply for succession rights. I think the court misses the context of how real people operate, Fan said. I don't think it even acknowledges that they're just kicking a New Yorker out onto the streets who otherwise cannot afford to live in New York It's a really harsh way to judge people who are low-income, who are at the end of a loved one's life."
Kermit Mantilla moved from Miami to New York City in 2018 to care for his terminally ill older brother, Raymond Mantilla. Raymond Mantilla died on March 21, 2020. Kermit Mantilla sought succession rights to the Mitchell-Lama Manhattan Plaza apartment and submitted leasing documents, SNAP and other benefit documents addressed to him at the apartment, and bank statements for his brother's account that he controlled under power of attorney as proof of primary residency from March 21, 2019 to March 21, 2020. The state's highest court, in a 5-2 ruling, found those documents insufficient to establish primary residency for the required year. The brothers' only income was about $1,400 per month in Social Security, and the ruling will lead to eviction proceedings against Kermit Mantilla.
Read at www.amny.com
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