Disabled Tenant Can't Add Daughter in One-Bedroom Apartment

Tenant asked landlord NYCHA for permission to add her adult daughter as a permanent resident in her one-bedroom apartment. NYCHA ruled against tenant, who appealed and lost. Substantial evidence supported NYCHA's finding that adding tenant's daughter as a permanent tenant would create an overcrowding situation in violation of occupancy standards and would unfairly provide the daughter with a windfall to the detriment of other housing applicants. NYCHA's occupancy standards didn't allow an additional person to permanently join the household in a one-bedroom apartment unless that person was a spouse, domestic partner, or child under the age of 6. NYCHA reasonably accommodated tenant's claimed disability by offering to let the daughter live with tenant on a temporary basis. Tenant's disability didn't require NYCHA to add the daughter as a permanent resident. 

So v. Rhea: 2013 NY Slip Op 03422, 2013 WL 1955532 (App. Div. 1 Dept.; 5/14/13; Friedman, JP, Richter, Feinman, Gische, Clark, JJ)