NYCHA Tenant's Son Can't Get Apartment

LVT Number: #29851

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son after a hearing. He then filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable. The court ruled for the son. NYCHA appealed and won. The appeals court found that NYCHA's decision had a rational basis. NYCHA never granted the son written permission to reside in the apartment with tenant. Under its rules, NYCHA couldn't have granted the son permanent permission to live in the apartment with tenant.

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son after a hearing. He then filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable. The court ruled for the son. NYCHA appealed and won. The appeals court found that NYCHA's decision had a rational basis. NYCHA never granted the son written permission to reside in the apartment with tenant. Under its rules, NYCHA couldn't have granted the son permanent permission to live in the apartment with tenant. Tenant also didn't list the son's income on any of her income recertifications for the apartment. The son lacked standing to claim that NYCHA's denial of permission for him to live with tenant as a permanent resident deprived tenant of a reasonable accommodation for tenant's disability. In any event, tenant effectively received an accommodation when NYCHA gave the son temporary residency status.

Cintron v. Olatoye: Index No. 14030/15, 2018 NY Slip Op 08929 (App. Div. 2 Dept.; 12/26/18; Rivera, JP, Leventhal, Hinds-Radix, Nelson, JJ)