Son Not Entitled to Pass-on Rights in NYCHA Apartment
LVT Number: 16990
Occupant applied to NYCHA for remaining family member status so that he could stay in tenant father's apartment after his father died. NYCHA ruled against occupant, and he appealed. The court ruled against occupant. NYCHA's decision was reasonable. Occupant claimed that he had moved in with tenant in 1994. But there was no proof that tenant ever requested pass-on rights for his son in writing or that landlord ever knew that occupant lived in the apartment.
Brooks v. Wagner Houses: NYLJ, 11/28/03, p. 26, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Williams, Lerner, Marlow, JJ)