Hearing Required on Public Housing Occupant's Right to Apartment

February 1, 2001

LVT Number: 14722

After tenant died, landlord NYCHA determined without a hearing that apartment occupant wasn't entitled to stay in the apartment as tenant's remaining family member. Occupant appealed. The appeals court ruled for occupant and sent the case back for a hearing. Occupant had lived with tenant openly for 10 years and had a number of health problems. While occupant had a 20-year-old criminal conviction, this didn't bar him from becoming a tenant and wasn't enough reason to deny him pass-on rights in the circumstances.

After tenant died, landlord NYCHA determined without a hearing that apartment occupant wasn't entitled to stay in the apartment as tenant's remaining family member. Occupant appealed. The appeals court ruled for occupant and sent the case back for a hearing. Occupant had lived with tenant openly for 10 years and had a number of health problems. While occupant had a 20-year-old criminal conviction, this didn't bar him from becoming a tenant and wasn't enough reason to deny him pass-on rights in the circumstances.

Miller v. NYCHA: NYLJ, 1/22/01, p. 23, col. 2 (App. Div.1 Dept.; Nardelli, JP, Mazzarelli, Lerner, Buckley, Friedman, JJ)

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