Daughter with Criminal Record Can't Get Apartment

LVT Number: #23811

NYCHA tenant's daughter claimed pass-on rights to tenant's apartment after tenant died. NYCHA declared the daughter ineligible to keep the apartment. The daughter appealed NYCHA's decision and lost. The daughter was part of tenant's original family composition but later moved out. Tenant asked NYCHA to reinstate the daughter in 2004. This request was denied based on the daughter's criminal background. The daughter now claimed that she had lived in the apartment since 2002 and since tenant's death. The court upheld NYCHA's decision.

NYCHA tenant's daughter claimed pass-on rights to tenant's apartment after tenant died. NYCHA declared the daughter ineligible to keep the apartment. The daughter appealed NYCHA's decision and lost. The daughter was part of tenant's original family composition but later moved out. Tenant asked NYCHA to reinstate the daughter in 2004. This request was denied based on the daughter's criminal background. The daughter now claimed that she had lived in the apartment since 2002 and since tenant's death. The court upheld NYCHA's decision. Due to her 2000 arrest and 2008 plea to a Class C felony, the daughter was ineligible for public housing until at least six years after her sentence was served with no additional or pending charges. The daughter's conviction made her ineligible for tenant's apartment.

White v. NYCHA: Index No. 401908/2011, NYLJ No. 1202536211089 (Sup. Ct. NY; 12/9/11; Lobis, J)