Family Member Can't Claim Succession Rights

May 11, 2012

LVT Number: #24075

NYCHA tenant's son claimed pass-on rights after tenant died. NYCHA denied his claim and dismissed his grievance. The son appealed and lost. NYCHA had notified the son that for his grievance to be considered, he must pay use and occupancy for the apartment while awaiting the decision. The son owed nearly $4,000 in use and occupancy. In addition, his appeal was untimely since it was filed more than four months after NYCHA denied his grievance. And the son had no valid claim, since he never requested nor obtained written permission to rejoin tenant's household before she died.

NYCHA tenant's son claimed pass-on rights after tenant died. NYCHA denied his claim and dismissed his grievance. The son appealed and lost. NYCHA had notified the son that for his grievance to be considered, he must pay use and occupancy for the apartment while awaiting the decision. The son owed nearly $4,000 in use and occupancy. In addition, his appeal was untimely since it was filed more than four months after NYCHA denied his grievance. And the son had no valid claim, since he never requested nor obtained written permission to rejoin tenant's household before she died.

Ortega v. NYCHA: Index No. 402775/2011, NYLJ No. 1202548783962 (Sup. Ct. NY; 4/2/12; Bluth, J)

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