NYCHA Tenant's Daughter Gets Apartment
LVT Number: #25634
NYCHA tenant's daughter filed an Article 78 appeal of landlord's denial of succession rights. Tenant had asked landlord six times for permanent permission for the daughter to remain in the apartment. NYCHA found that the apartment was a studio and regulations prohibited overcrowding. But NYCHA repeatedly granted the daughter temporary permission to live with her mother between 2003 and 2010. Tenant's doctor also had stated that tenant required assistance and home care, which the daughter provided. The court ruled for tenant's daughter. NYCHA violated its own rules. NYCHA stated that tenant requested a larger apartment in 2002 when her daughter started staying with her round-the-clock. Tenant had done so at NYCHA's suggestion. NYCHA therefore should have considered tenant's request to consider the daughter a remaining family member.
Ortiz v. NYCHA: Index No. 401515/13, NYLJ No. 1202657553706 (Sup. Ct. NY; 4/25/14; Masley, J)