Daughter Can't Get NYCHA Tenant's Apartment

August 15, 2014

LVT Number: #25697

NYCHA tenant's daughter asked for a lease in her name after tenant died. NYCHA denied the request. The daughter filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the daughter. The daughter claimed that she moved back to the apartment in September 2010 to care for her ill father, but filed income affidavits for him listing tenant as the sole occupant. The daughter never received written permission from NYCHA to be added to the household.

NYCHA tenant's daughter asked for a lease in her name after tenant died. NYCHA denied the request. The daughter filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the daughter. The daughter claimed that she moved back to the apartment in September 2010 to care for her ill father, but filed income affidavits for him listing tenant as the sole occupant. The daughter never received written permission from NYCHA to be added to the household. And the daughter never asked NYCHA to be added to the household until one week before tenant died. NYCHA's decision was reasonable.

Narvaez v. NYCHA: Index No. 101629/2013, NYLJ No. 1202662049676 (Sup. Ct. NY; 6/19/14; Hunter Jr., J)

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