New NYCHA Hearing Ordered on Pass-on Rights

June 30, 2011

LVT Number: #23441

The family member of NYCHA tenant claimed succession rights after tenant died. NYCHA ruled against the family member in 2007. She appealed and won a new hearing. The family member claimed that she moved into the apartment in 1997 and applied for permanent residency there in 1998. At that time, NYCHA's rule was that the request was considered granted if no ruling was made within 90 days. At the succession rights hearing, NYCHA ruled that the family member didn't get permission to be a permanent resident in 1998. But the hearing officer didn't allow her to present evidence on this issue.

The family member of NYCHA tenant claimed succession rights after tenant died. NYCHA ruled against the family member in 2007. She appealed and won a new hearing. The family member claimed that she moved into the apartment in 1997 and applied for permanent residency there in 1998. At that time, NYCHA's rule was that the request was considered granted if no ruling was made within 90 days. At the succession rights hearing, NYCHA ruled that the family member didn't get permission to be a permanent resident in 1998. But the hearing officer didn't allow her to present evidence on this issue. So the court vacated NYCHA's decision and sent the case back for a new hearing.

Gluck v. NYCHA: Index No. 102366/2010, NYLJ No. 1202495487844 (Sup. Ct. NY; 5/12/11; Billings, J)

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