NYCHA Tenant's Fiance Can't Get Apartment

LVT Number: #25589

NYCHA tenant's fiance claimed succession rights to the apartment after tenant died. NYCHA ruled against the fiance, who appealed and lost. The fiance didn't get written permission from NYCHA to live in the apartment, and he wasn't listed by tenant in her annual income recertifications. And although the fiance claimed that he and tenant were domestic partners, he submitted no evidence that they had registered the partnership. Therefore, the fiance didn't qualify as an immediate family member under NYCHA succession rules.

NYCHA tenant's fiance claimed succession rights to the apartment after tenant died. NYCHA ruled against the fiance, who appealed and lost. The fiance didn't get written permission from NYCHA to live in the apartment, and he wasn't listed by tenant in her annual income recertifications. And although the fiance claimed that he and tenant were domestic partners, he submitted no evidence that they had registered the partnership. Therefore, the fiance didn't qualify as an immediate family member under NYCHA succession rules.

Mallay v. NYCHA: NYLJ, 5/27/14, p. 19, col. 3 (App. Div. 1 Dept.; Renwick, JP, Richter, Manzanet-Daniels, Feinman, Gische, JJ)