Tenant's Sister Not Entitled to NYCHA Apartment

May 31, 2007

LVT Number: 19616

Tenant's sister claimed succession rights to tenant's apartment after tenant died. NYCHA owned the building and ruled that tenant's sister wasn't entitled to remain in the apartment. Under the one-year rule, an occupant gets succession rights one year after the landlord has given the tenant permission for the occupant to move in. Tenant had died less than one year after landlord gave tenant permission to have her sister move in with her. Tenant's sister appealed and won. The court found that landlord hadn't posted the one-year rule in the building. Landlord appealed and won.

Tenant's sister claimed succession rights to tenant's apartment after tenant died. NYCHA owned the building and ruled that tenant's sister wasn't entitled to remain in the apartment. Under the one-year rule, an occupant gets succession rights one year after the landlord has given the tenant permission for the occupant to move in. Tenant had died less than one year after landlord gave tenant permission to have her sister move in with her. Tenant's sister appealed and won. The court found that landlord hadn't posted the one-year rule in the building. Landlord appealed and won. Tenant's sister didn't raise the issue of landlord's failure to post the one-year rule during the NYCHA hearing. So tenant couldn't raise this issue for the first time on appeal.

Torres v. NYCHA: NYLJ, 5/14/07, p. 27, col. 3 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Saxe, Marlow, Catterson, JJ)

Topics

More like this