NYCHA Tenant's Daughter Can't Get Apartment After Tenant's Death
LVT Number: #31067
NYCHA tenant's daughter sought succession rights to an apartment after tenant died. NYCHA ruled against the daughter after a hearing, and tenant then filed an Article 78 court appeal. The daughter claimed that NYCHA's decision wasn't based on substantial evidence. The court ruled against her. Substantial evidence in fact supported NYCHA's decision. NYCHA had granted a request by tenant to remove the daughter from the family household composition. Tenant signed a sworn statement that the daughter had moved out of the apartment and that her whereabouts were unknown. A NYCHA employee testified that no further request was made for the daughter to rejoin tenant's household. The daughter also failed to present circumstances that would excuse her from submitting written consent to rejoin tenant's household. There was no reason to disturb the NYCHA hearing officer's credibility determination or weighing of any conflicting evidence.
Pullins v. NYCHA: 2020 NY Slip Op 06032, NYLJ, 10/26/20, p.20, col3 (App. Div 1 Dept.; 10/22/20; Friedman, JP, Kern, Scarpulla, Shulman, JJ)