Grandmother Can't Get Tenant's NYCHA Apartment

November 15, 2012

LVT Number: #24433

NYCHA tenant's grandmother filed a remaining family member grievance after tenant moved out, which NYCHA denied after a hearing. The grandmother then filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. The court ruled against the grandmother. Tenant had submitted a permanent permission request to add the grandmother to the household but was twice denied because it would create an overcrowded condition in the two-bedroom apartment occupied by tenant, his wife, and two children.

NYCHA tenant's grandmother filed a remaining family member grievance after tenant moved out, which NYCHA denied after a hearing. The grandmother then filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. The court ruled against the grandmother. Tenant had submitted a permanent permission request to add the grandmother to the household but was twice denied because it would create an overcrowded condition in the two-bedroom apartment occupied by tenant, his wife, and two children. Since NYCHA had never granted permission to add the grandmother to tenant's household, she couldn't claim succession rights. NYCHA's decision was rational, and followed its own rules.

Fernandez v. NYCHA: Index No. 112834/11, NYLJ No. 1202575816920 (Sup. Ct. NY; 10/3/12; Bluth, J)

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