Licensee of Tenant Who Transferred to Another NYCHA Unit Can't Be Restored to Old Unit

NYCHA tenant's sister claimed that she had lived with tenant for a year before tenant died in 2020. After tenant died, the sister lived with tenant's daughter in the apartment and assisted the daughter with paperwork to inherit the lease. The daughter informed the sister several months later that she had to downsize under NYCHA rules and change her unit due to the change in household size. The daughter moved into another NYCHA apartment and the sister was locked out of the original unit when NYCHA changed the locks. The sister then sued NYCHA, claiming illegal lockout. The court granted the sister immediate access to retrieve her property only and later conducted a hearing on whether she had a right to be restored to possession. The court ruled against the sister. Tenant's daughter became the new tenant of record and the sister was her licensee. There was no record otherwise of the sister having lived in the original apartment. And the sister had no claim to that apartment once tenant's daughter moved out.

Dunkin v. NYCHA: Index No. 10259-22, NYLJ, 11/28/22, p. 17 col. 1 (Civ. Ct. Queens; 11/16/22; Sanchez, J)