Tenant's Granddaughter Can't Get NYCHA Apartment

LVT Number: #24169

Tenant's granddaughter appealed NYCHA's decision to deny her remaining family member status claim. Tenant died in December 2009. The granddaughter was an original family member in the apartment who left and was never added back to tenant's annual report of who lived in the apartment. On her income affidavit, tenant had represented that she was the only apartment occupant. In February 2009, tenant did sign a request for the granddaughter to move in temporarily.

Tenant's granddaughter appealed NYCHA's decision to deny her remaining family member status claim. Tenant died in December 2009. The granddaughter was an original family member in the apartment who left and was never added back to tenant's annual report of who lived in the apartment. On her income affidavit, tenant had represented that she was the only apartment occupant. In February 2009, tenant did sign a request for the granddaughter to move in temporarily. But even if this was interpreted as a permanent request, the granddaughter hadn't lived in the apartment for at least one year after getting permission and prior to tenant's death. The granddaughter argued for the first time on appeal that NYCHA knew she was living in the apartment since 2006, but she raised this claim too late to be considered.

Long v. NYCHA: Index No. 100094/12, NYLJ No. 1202557101433 (Sup. Ct. NY; 5/8/12; Bluth, J)