Son Can't Get NYCHA Apartment

June 10, 2012

LVT Number: #24155

Landlord sued to evict NYCHA tenant's son after tenant died, claiming that he was a licensee. The son signed a settlement agreement in court stating that he would move out. The son later asked the court to vacate the agreement. The court ruled against the son, who appealed and lost. NYCHA had denied the son's remaining family member grievance. He never appealed that decision. So, even if he had paid rent, he had no legal grounds to challenge the eviction proceeding given NYCHA's final decision.

Landlord sued to evict NYCHA tenant's son after tenant died, claiming that he was a licensee. The son signed a settlement agreement in court stating that he would move out. The son later asked the court to vacate the agreement. The court ruled against the son, who appealed and lost. NYCHA had denied the son's remaining family member grievance. He never appealed that decision. So, even if he had paid rent, he had no legal grounds to challenge the eviction proceeding given NYCHA's final decision.

NYCHA v. Crain: NYLJ, 5/15/12, p. 22, col. 1 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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