Daughter Didn't Get Prior Notice of Termination Hearing

Landlord NYCHA started a termination of tenancy case against tenant for not submitting annual recertification forms for several years. NYCHA terminated the tenancy based on tenant's failure to respond and sued to evict tenant in housing court. Tenant's daughter, who had lived with tenant legally for 14 years, appeared in court but was told she would have to apply to reopen tenant's default. NYCHA told tenant's daughter she couldn't do so because she wasn't the tenant. The housing court eventually ruled for landlord based on tenant's default. Tenant's daughter was evicted. She then sued landlord and sought a declaration of her rights. The court barred landlord from rerenting the apartment while it decided the case. The court ruled for tenant's daughter. Because tenant's daughter was a legal resident of the apartment, she was entitled to notice of the termination case against tenant. NYCHA's failure to give her notice violated federal law. NYCHA was ordered to reopen the default in the termination of tenancy case and allow tenant's daughter to present her claim that she was a remaining head of household, entitled to remain in the apartment.

McLaughlin v. Hernandez: NYLJ, 3/24/04, p. 18, col. 1 (Sup. Ct. NY; Cahn, J)