Public Housing Tenant's Son Claims Pass-On Rights

July 31, 2006

LVT Number: 19010

Tenant's son sued NYCHA, seeking restoration to tenant's apartment. After tenant died, NYCHA had the police remove tenant's son. Tenant claimed he had lived in the apartment since he was born, in 1982, and that he had pass-on rights. NYCHA argued that tenant's son had moved out before tenant died and that it had an absolute right to evict him without first going to court. The court ruled for tenant's son. Forcible removal was contrary to NYCHA's own procedures and the law. Tenant's son was entitled to pursue a claim before NYCHA.

Tenant's son sued NYCHA, seeking restoration to tenant's apartment. After tenant died, NYCHA had the police remove tenant's son. Tenant claimed he had lived in the apartment since he was born, in 1982, and that he had pass-on rights. NYCHA argued that tenant's son had moved out before tenant died and that it had an absolute right to evict him without first going to court. The court ruled for tenant's son. Forcible removal was contrary to NYCHA's own procedures and the law. Tenant's son was entitled to pursue a claim before NYCHA.

Alvarado v. NYCHA: NYLJ, 7/14/06, p. 22, col. 1 (Civ. Ct. NY; Schneider, J)

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