Daughter Can't Get NYCHA Apartment

July 31, 2011

LVT Number: #23545

NYCHA tenant's daughter claimed remaining family member status for herself and her child after tenant died. NYCHA ruled against the daughter, who appealed and lost. The daughter had lived in the apartment with tenant at one time, but was permanently excluded from the apartment by a prior court-ordered stipulation. Tenant had asked NYCHA to permit her grandchild to live in the apartment, but was granted only temporary permission for one year. Tenant's grandchild didn't qualify as a remaining family member because she wasn't an original family member or born into the apartment household.

NYCHA tenant's daughter claimed remaining family member status for herself and her child after tenant died. NYCHA ruled against the daughter, who appealed and lost. The daughter had lived in the apartment with tenant at one time, but was permanently excluded from the apartment by a prior court-ordered stipulation. Tenant had asked NYCHA to permit her grandchild to live in the apartment, but was granted only temporary permission for one year. Tenant's grandchild didn't qualify as a remaining family member because she wasn't an original family member or born into the apartment household. And tenant filed an application for permission to live in the apartment on the day tenant died, so she couldn't have lived there for the required one year before tenant's death.

Johnson v. NYCHA: Index No. 26248/2010, NYLJ No. 12025000447047 (Sup. Ct. Queens; 6/29/11; Elliot, J)

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