Daughter Can't Get NYCHA Tenant's Apartment

June 23, 2018

LVT Number: #28434

NYCHA tenant's daughter claimed succession rights to the apartment after tenant died. NYCHA denied the daughter's request, finding that she didn't qualify as a remaining family member. The daughter filed an Article 78 appeal and lost. NYCHA's decision had a rational basis. NYCHA never granted written permission for the daughter to live with tenant in the apartment. And the daughter never submitted proof of income requested by NYCHA.

NYCHA tenant's daughter claimed succession rights to the apartment after tenant died. NYCHA denied the daughter's request, finding that she didn't qualify as a remaining family member. The daughter filed an Article 78 appeal and lost. NYCHA's decision had a rational basis. NYCHA never granted written permission for the daughter to live with tenant in the apartment. And the daughter never submitted proof of income requested by NYCHA. The daughter also waived a disability discrimination claim raised in court because she didn't raise that claim at NYCHA's administrative hearing. 

Blas v. Olatoye: 161 A.D.3d 562, 2018 NY Slip Op 03618 (App. Div. 1 Dept.; 5/17/18; Friedman, JP, Sweeny, Kapnick, Kahn, Oing, JJ)

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