Granddaughter Can't Get NYCHA Apartment

NYCHA tenant's granddaughter claimed succession rights after tenant died in April 2010. NYCHA ruled against the granddaughter, who then filed an Article 78 court appeal. She claimed that NYCHA's decision was arbitrary and unreasonable. She moved into the apartment in February 2009 to assist the ailing tenant and asked NYCHA to add her to the household listing. NYCHA denied the request, but it was unclear whether a copy of the denial was ever delivered to tenant. Tenant's 2009 annual income affidavit indicated that tenant lived alone in a one-bedroom apartment. In any event, under NYCHA's occupancy rules, an additional adult can't be added to a one-bedroom unit unless the person is the spouse or domestic partner of the tenant. The court ruled against the granddaughter and rejected her claim that NYCHA's rules discriminated based upon marital status.

Figueroa v. Rhea: Index No. 11235/12, NYLJ No. 1202596030508 (Sup. Ct. Kings; 4/17/13; Edwards, J)