Daughter Can't Get Mitchell-Lama Apartment

July 31, 2011

LVT Number: #23548

Mitchell-Lama tenant's daughter sought remaining family member status after tenant died. NYCHA denied her request, and she appealed. The daughter claimed that she had moved from Hong Kong to care for tenant and that landlord had approved her occupancy. But landlord had denied permission for the daughter to permanently or temporarily add herself to tenant's household. The court ruled against the daughter. Although NYCHA let the daughter stay in the apartment, she didn't qualify as a remaining family member

Mitchell-Lama tenant's daughter sought remaining family member status after tenant died. NYCHA denied her request, and she appealed. The daughter claimed that she had moved from Hong Kong to care for tenant and that landlord had approved her occupancy. But landlord had denied permission for the daughter to permanently or temporarily add herself to tenant's household. The court ruled against the daughter. Although NYCHA let the daughter stay in the apartment, she didn't qualify as a remaining family member

Fung v. NYCHA: Index No. 400559/11, NYLJ No. 1202502663394 (Sup. Ct. NY; 7/7/11; Hunter, J)

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