Occupant Didn't Enter Public Housing Apartment Legally

February 1, 2006

LVT Number: 18627

Landlord NYCHA ruled that public housing occupant could be evicted after tenant died. Occupant appealed, claiming that she was a remaining family member entitled to pass-on rights. The court ruled against tenant. Occupant didn't qualify as a remaining family member because she didn't enter the apartment legally. NYCHA never gave tenant written permission for occupant to join his household, and tenant never listed any additional occupants on annual income certifications. There also was no reference to occupant in tenant's file.

Landlord NYCHA ruled that public housing occupant could be evicted after tenant died. Occupant appealed, claiming that she was a remaining family member entitled to pass-on rights. The court ruled against tenant. Occupant didn't qualify as a remaining family member because she didn't enter the apartment legally. NYCHA never gave tenant written permission for occupant to join his household, and tenant never listed any additional occupants on annual income certifications. There also was no reference to occupant in tenant's file.

Jamison v. NYCHA: NYLJ, 1/30/06, p. 24, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Nardelli, Sweeny, McGuire, JJ)

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