Tenant's Sister Can't Get NYCHA Apartment

Tenant's sister filed an Article 78 court appeal of landlord NYCHA's decision that she didn't qualify for succession rights to tenant's apartment. The sister claimed that she moved in with tenant in 2012 to care for tenant's children while tenant cared for their sick mother. Tenant moved out of the apartment in January 2014, and the sister told NYCHA in October 2014 that she sought succession. NYCHA denied the sister's succession request, finding that the sister and tenant never requested or obtained consent for her to live in tenant's apartment. The court ruled against the sister. NYCHA's decision was reasonable. NYCHA showed that the sister admitted that tenant never received permission for her to live in the apartment and neither she nor tenant took further action to obtain it. The sister also submitted no proof that NYCHA otherwise knew that she was living in the apartment for at least a year before tenant moved out.

Guisintanner v. Olatoye: 2018 NY Slip Op 30419(U), NYLJ No. 1518717838 (Sup. Ct. NY; 3/12/18; Bluth, J)