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.
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)