NYCHA Tenant's Daughter Can't Get Apartment

February 8, 2012

LVT Number: #23910

NYCHA tenant's daughter, and the daughter's common-law husband, claimed pass-on rights to the apartment after tenant died. NYCHA ruled that they weren't entitled to stay as remaining family members. The daughter appealed, claiming NYCHA's decision was unreasonable. The court and appeals court ruled against the daughter. The daughter and her husband didn't have written permission from NYCHA to live in the apartment, and they weren't listed in the income affidavit submitted by tenant in the year before she died.

NYCHA tenant's daughter, and the daughter's common-law husband, claimed pass-on rights to the apartment after tenant died. NYCHA ruled that they weren't entitled to stay as remaining family members. The daughter appealed, claiming NYCHA's decision was unreasonable. The court and appeals court ruled against the daughter. The daughter and her husband didn't have written permission from NYCHA to live in the apartment, and they weren't listed in the income affidavit submitted by tenant in the year before she died. There also was no proof that NYCHA, by its conduct, consented to any tenancy by the daughter. And any supposed consent occurred less than a year before tenant died and therefore didn't establish sufficient time for succession rights.

Weisman v. NYCHA: NYLJ, 1/26/12, p. 22, col. 6 (App. Div. 1 Dept.; Tom, JP, Friedman, DeGrasse, Richter, Manzanet-Daniels, JJ)

Topics

More like this