No Proof that Tenant's Son Lived with Her

June 30, 1997

LVT Number: 11587

Landlord, NYCHA, ruled that public housing tenant's son couldn't have pass-on rights after tenant died. Tenant's son appealed, claiming that he was a remaining family member entitled to a renewal lease. The court ruled against the son. There was no proof that son lived with tenant continuously since tenant first moved in. There was also no proof that the son had gotten written permission from landlord before moving in with tenant, as required by NYCHA's management manual. The fact that landlord accepted rent from tenant's son after tenant died didn't matter.

Landlord, NYCHA, ruled that public housing tenant's son couldn't have pass-on rights after tenant died. Tenant's son appealed, claiming that he was a remaining family member entitled to a renewal lease. The court ruled against the son. There was no proof that son lived with tenant continuously since tenant first moved in. There was also no proof that the son had gotten written permission from landlord before moving in with tenant, as required by NYCHA's management manual. The fact that landlord accepted rent from tenant's son after tenant died didn't matter.

Kolarick v. Franco: NYLJ, p. 26, col. 4 (6/12/97) (App. Div. 1 Dept.; Wallach, JP, Nardelli, Rubin, Tom, Andrias, JJ)

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