Tenant's Granddaughter Can't Get NYCHA Apartment

NYCHA denied granddaughter’s succession rights claimed after tenant died. The granddaughter appealed and lost. While the granddaughter initially joined the household lawfully in 1989, she was no longer included in tenant’s income reports by 2010. The granddaughter claimed that she continuously lived in the apartment with tenant even when her mother moved out, but proof was conflicting. Also, tenant had submitted a temporary residence request form to landlord in 2009, asking that granddaughter be allowed to move in with her and listing granddaughter’s address as elsewhere. The granddaughter claimed that she brought a 2011 income affidavit and a permanent residence request form to tenant in the hospital, but tenant died there a few weeks later without completing the forms. The granddaughter didn’t prove that she met the one-year residency requirement to get succession rights.

Clark v. NYCHA: 2017 NY Slip Op 01290, 2017 WL 628241 (App. Div. 1 Dept.; 2/16/17; Richter, JP, Manzanet-Daniels, Gische, Webber, Kahn, JJ)