Housing Authority Incorrectly Denied Pass-On Rights to Tenant's Grandson

Landlord NYCHA held a hearing to determine if tenant's grandson had pass-on rights to tenant's apartment as a remaining family member. NYCHA ruled against the grandson because tenant hadn't requested NYCHA's written consent for her grandson to live in the apartment. NYCHA found that this violated a NYCHA rule. Tenant's grandson appealed NYCHA's ruling, claiming that it was arbitrary and unreasonable. The court ruled for the grandson. NYCHA's consent requirement was a management manual policy, not a rigid rule. There were other factors that NYCHA didn't consider. The grandson moved into tenant's apartment when he was 16. This was four years before tenant died. When he moved in, tenant was critically ill and barely able to walk after suffering several heart attacks. She was unable to make the written request for her grandson to live with her, although it surely would have been granted if made. The grandson had proved he lived in the apartment as a member of tenant's family for over two years, and he wasn't an undesirable tenant.

McFarlane v. NYCHA: NYLJ, 9/10/03, p. 18 col. 1 (Sup. Ct. NY; Schlesinger, J)