NYCHA Tenant's Stepdaughter Can't Get Apartment

February 16, 2016

LVT Number: #26775

NYCHA apartment occupant claimed succession rights after her tenant-stepfather died. Landlord NYCHA ruled against occupant after a hearing. Occupant then filed an Article 78 court appeal and lost. NYCHA’s decision was supported by substantial evidence. Tenant never obtained landlord’s written consent for the stepdaughter’s occupancy. And occupant admitted that her most recent continuous residence in the apartment was for a period of less than one year before tenant died.

NYCHA apartment occupant claimed succession rights after her tenant-stepfather died. Landlord NYCHA ruled against occupant after a hearing. Occupant then filed an Article 78 court appeal and lost. NYCHA’s decision was supported by substantial evidence. Tenant never obtained landlord’s written consent for the stepdaughter’s occupancy. And occupant admitted that her most recent continuous residence in the apartment was for a period of less than one year before tenant died. The fact that occupant may have paid rent for the apartment didn’t warrant a different decision. 

 

 

 
Diop v. NYCHA: 2016 NY Slip Op 00608, 2016 WL 325558 (App. Div. 1 Dept.; 1/28/16; Tom, JP, Sweeny, Gische, Kapnick, JJ)

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