NYCHA Must Reconsider Daughter's Succession Claim
LVT Number: #29983
Landlord NYCHA tenant's daughter claimed succession rights to tenant's apartment after tenant died in 2013. NYCHA ruled against the daughter after a hearing, and the daughter filed an Article 78 court appeal. The daughter claimed that NYCHA's decision was arbitrary and unreasonable. The court agreed and reopened the case. The court ordered NYCHA to have a hearing officer consider whether the daughter was entitled to succession rights based on her claim that she lived in the apartment with NYCHA's consent.
Porter v. NYCHA: Index No. 6049, 2019 NY Slip Op 01128 (App. Div. 1 Dept.; 2/14/19; Friedman, JP [dissenting], Richter, Mazzarelli, Kapnick, Gesmer, JJ)