NYCHA Tenant's Son Can't Get Apartment After Tenant Died

NYCHA tenant's son filed an Article 78 court appeal of NYCHA's decision denying him succession rights to tenant's apartment after tenant died. The court ruled against the son, finding NYCHA's decision reasonable. The son appealed and won. NYCHA then appealed further and won. Although the building manager failed to inform tenant that she could request permission for her son to live in the apartment on a temporary basis as a live-in home-care attendant, granting such permission would have violated overcrowding rules. And eligibility for succession rights required permanent permission. Tenant's and son's request for succession rights were properly denied because the son's presence would have violated apartment overcrowding rules. The court also wouldn't consider a discrimination claim raised by the son for the first time on appeal.

Aponte v. Olatoye: 2018 NY Slip Op 01112, 2018 WL 889540 (Ct. App. NY; 2/15/18; Wilson, J, DiFiore, CJ, Stein, Fahey, Garcia, Feinman, Rivera [concurring], JJ)