Deceased Tenant's Daughter Can Remain in City-Owned Apartment

April 1, 1994

LVT Number: 8677

Landlord New York City Housing Authority sued to evict tenant's daughter after tenant died. The trial court ruled for landlord, and daughter appealed. Daughter had moved into the apartment when her mother died in 1971. She moved out in 1982, then returned with her children in 1986 and lived with tenant until tenant died in 1989. The appeals court ruled for daughter. While daughter didn't get written approval from landlord when she returned to the apartment, the tenant file for the apartment showed that landlord was on notice of daughter's return by mid-1987.

Landlord New York City Housing Authority sued to evict tenant's daughter after tenant died. The trial court ruled for landlord, and daughter appealed. Daughter had moved into the apartment when her mother died in 1971. She moved out in 1982, then returned with her children in 1986 and lived with tenant until tenant died in 1989. The appeals court ruled for daughter. While daughter didn't get written approval from landlord when she returned to the apartment, the tenant file for the apartment showed that landlord was on notice of daughter's return by mid-1987. Given daughter's protected status as an original member of tenant's household for many years, landlord's actual knowledge of her return, and her occupancy with tenant for three years immediately before tenant died, daughter qualifies for treatment as an immediate family member under Housing Authority regulations. So, she has pass-on rights to the apartment.

New York City Housing Authority v. Mangual: NYLJ, p. 29, col. 6 (3/21/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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