Tenant's Wife Had No Standing to Appeal Termination of Tenancy

December 1, 2009

LVT Number: #22320

Landlord NYCHA made an administrative ruling to terminate tenant's lease. Tenant's wife appealed to the court by an Article 78 petition. The court and appeals court ruled against her. Although she occupied the apartment, tenant's wife wasn't a co-lessee and therefore had no standing to appeal NYCHA's decision. Landlord wasn't even required to give the wife notice of the charges against tenant, since she wasn't a tenant of record.

Landlord NYCHA made an administrative ruling to terminate tenant's lease. Tenant's wife appealed to the court by an Article 78 petition. The court and appeals court ruled against her. Although she occupied the apartment, tenant's wife wasn't a co-lessee and therefore had no standing to appeal NYCHA's decision. Landlord wasn't even required to give the wife notice of the charges against tenant, since she wasn't a tenant of record.

Lakins v. NYCHA: NYLJ, 11/30/09, p. 27, col. 1 (App. Div. 1 Dept.; Friedman, JP, McGuire, Renwick, Richter, Manzanet-Daniels, JJ)

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