NYCHA Tenant's Grandson Can't Get Apartment After Tenant Dies

NYCHA tenant's grandson requested succession rights after tenant died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal. The court ruled against the grandson. Tenant had asked NYCHA in 2009 to add the grandson to her household. She claimed that the grandson had moved in to take care of her. But NYCHA neither granted nor denied that application and tenant didn't follow up. Tenant also never listed the grandson on her income affidavits before she died. When the grandson sought remaining family member status, NYCHA ruled that his addition to the household would have been prohibited by NYCHA occupancy standards. The grandson argued that NYCHA gave de facto permission for him to join the household by not deciding tenant's application. But the court disagreed and found that NYCHA's decision against the grandson was rational even if NYCHA knew that he was living in the apartment.

Bergman v. NYCHA: Index No, 159860/2017, NYLJ 10/3/18, p. 21, col. 2 (Sup. Ct. NY; 9/6/18; St. George, J)