Family Member Didn't Appeal NYCHA's Rejection of Claim

February 1, 2011

LVT Number: #23157

Landlord sued to evict apartment occupant after NYCHA tenant moved out. Occupant claimed that he was tenant's remaining family member entitled to apartment succession. The court and appeals court ruled against the family member. NYCHA had previously rejected the occupant's claim, and no appeal was filed. So occupant couldn't raise his succession claim in the subsequent eviction proceeding.

Landlord sued to evict apartment occupant after NYCHA tenant moved out. Occupant claimed that he was tenant's remaining family member entitled to apartment succession. The court and appeals court ruled against the family member. NYCHA had previously rejected the occupant's claim, and no appeal was filed. So occupant couldn't raise his succession claim in the subsequent eviction proceeding.

NYCHA v. White: NYLJ, 1/21/11, p. 26, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, Torres, JJ)

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