Family Members Didn't Prove They Lived with NYCHA Tenant

March 1, 2008

LVT Number: #20233

Occupants claimed that they were remaining family members entitled to stay in tenant's NYCHA apartment after tenant died. NYCHA held a hearing and ruled against occupants. They appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court and appeals court ruled against occupants. Occupants were unable to prove that NYCHA knew of and approved of their permanent residency in the apartment. Tenant had submitted income affidavits while she was alive stating that she was the sole occupant of the apartment.There was also no proof of bias, as occupants claimed.

Occupants claimed that they were remaining family members entitled to stay in tenant's NYCHA apartment after tenant died. NYCHA held a hearing and ruled against occupants. They appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court and appeals court ruled against occupants. Occupants were unable to prove that NYCHA knew of and approved of their permanent residency in the apartment. Tenant had submitted income affidavits while she was alive stating that she was the sole occupant of the apartment.There was also no proof of bias, as occupants claimed. In addition, although occupants argued that they had no attorney at the hearing, they were given sufficient opportunity to obtain counsel.

Aponte v. NYCHA: NYLJ, 2/7/08, p. 37, col. 5 (App. Div. 1 Dept.; Tom, JP, Saxe, Gonzalez, Buckley, Catterson, JJ)

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