NYCHA Improperly Ruled That Tenant's Daughter Didn't Have Succession Rights

NYCHA tenant's daughter claimed succession rights after tenant died. NYCHA ruled against the daughter, who filed an Article 78 court appeal of NYCHA's decision. The court ruled for the daughter. NYCHA had ruled that the daughter didn't prove that she lived in the apartment with tenant for at least one year before tenant died. The court found NYCHA's ruling arbitrary and not supported by evidence. NYCHA's decision was based on one statement tenant made without considering contrary statements tenant made while receiving medical treatment for her severe mental illness. Tenant made statements indicating that the daughter and a child were living with her as of January 2012. This directly contradicted prior statements that they had moved out. NYCHA's decision lacked a rational basis and was annulled.

Pullins v. NYCHA: 2019 NY Slip Op 31939(U), NYLJ No. 1563140825 (Sup. Ct. NY; 6/28/19; James, J)