Insufficient Proof Occupant Was Tenant's Remaining Family Member

March 1, 2008

LVT Number: #20260

Apartment occupants claimed that they were remaining family members after NYCHA tenant died. After a hearing, landlord NYCHA ruled that occupants weren’t entitled to pass-on rights. They appealed landlord’s decision, claiming that it was unreasonable. The court ruled for occupants. Landlord appealed and won. Tenant’s family members didn’t obtain landlord’s written permission to live in the apartment while tenant was alive. And there was no indication that NYCHA was actually aware that they lived there and in any way approved their occupancy.

Apartment occupants claimed that they were remaining family members after NYCHA tenant died. After a hearing, landlord NYCHA ruled that occupants weren’t entitled to pass-on rights. They appealed landlord’s decision, claiming that it was unreasonable. The court ruled for occupants. Landlord appealed and won. Tenant’s family members didn’t obtain landlord’s written permission to live in the apartment while tenant was alive. And there was no indication that NYCHA was actually aware that they lived there and in any way approved their occupancy. There was no violation of procedure, and NYCHA’s decision was reasonable.

McLeon v. NYCHA Hope Gardens: NYLJ, 2/25/08, p. 37, col. 2 (App. Div. 2 Dept.; Spolzino, JP, Santucci, Angiolillo, Carni, JJ)

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