Appeals Court Must Decide Husband's Petition for Succession Rights

Landlord denied husband’s request for apartment succession rights after tenant died. The husband claimed that he was a remaining family member and filed an Article 78 appeal in State Supreme Court. The court transferred the case to the appeals court. When an Article 78 petition raises an issue as to whether an administrative hearing determination is supported by substantial evidence, the court must transfer the case to the Appellate Division. Landlord argued that the family member didn’t dispute that his name was never listed on the lease and therefore there was no substantial evidence issue. But the husband claimed that he moved into the apartment with tenant at the inception of the lease and had lived there for over 20 years. Tenant’s lease stated that the apartment would be used solely as a residence for tenant and members of her family. NYCHA’s hearing officer failed to address whether the husband was listed on tenant’s housing application. Because NYCHA’s manual and tenant’s lease refer to her initial housing application, there's a question whether NYCHA’s decision was supported by substantial evidence. If husband’s name was on the application, then he would have been a part of the original tenant family and would have been authorized to occupy the apartment for the last 20 years. Tenant’s failure to file an annual income affidavit listing her husband wasn’t determinative when considering a succession claim.

Sealy v. NYCHA: 53 Misc.3d 1214(A), 2016 NY Slip Op 51654(U) (Sup. Ct. NY; 11/16/16; Bluth, J)