Manager's Written Consent Not Required for Pass-on Rights

LVT Number: 16260

NYCHA tenant's daughter moved into the apartment with tenant in early 1997. Tenant died later that year and his daughter claimed pass-on rights. NYCHA denied the daughter's request. It had a rule in its management manual requiring tenants to get the building manager's prior written consent before adding family members to the household. Tenant hadn't done so. Tenant's daughter appealed NYCHA's decision. The court ruled for the daughter. Under Public Housing Law Section 54(1), NYCHA was required to file any rules it made with the DHCR.

NYCHA tenant's daughter moved into the apartment with tenant in early 1997. Tenant died later that year and his daughter claimed pass-on rights. NYCHA denied the daughter's request. It had a rule in its management manual requiring tenants to get the building manager's prior written consent before adding family members to the household. Tenant hadn't done so. Tenant's daughter appealed NYCHA's decision. The court ruled for the daughter. Under Public Housing Law Section 54(1), NYCHA was required to file any rules it made with the DHCR. Since it hadn't done so, the rule requiring the manager's written consent to the apartment pass-on wasn't binding.

Abdil v. Martinez: NYLJ, 11/20/02, p. 21, col. 6 (Sup. Ct. NY; Madden, J)