Grandson Can't Get NYCHA Tenant's Apartment

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died in 2013. NYCHA ruled against the grandson, who filed an Article 78 court appeal and claimed that NYCHA's decision was arbitrary and unreasonable. The court ruled against the grandson. Tenant had applied to NYCHA for permission to add her grandson to the household in 2009. NYCHA didn't respond, but tenant didn't follow up and tenant never added her grandson to the apartment occupant list when she recertified her household income and occupancy each year before she died. Also, tenant occupied a one-bedroom apartment and NYCHA rules permitted only either a married couple, two adult domestic partners, or a single adult with a child under age 6 to occupy this size apartment. An "overcrowded" one-bedroom apartment included two adults who were not married or domestic partners, or a single adult with a child over 6 years of age. So NYCHA's determination against tenant's grandson can't be considered an error of law since management would have had to deny the request to permanently join tenant's household under its occupancy standards.

Bergman v. NYCHA: 60 Misc.3d 1230(A), 2018 NY Slip Op 51265(U) (Sup. Ct. NY; 9/6/18; St. George, J)