NYCHA Apartment Occupant Claims Succession Rights

Landlord NYCHA sued to evict apartment occupant, claiming that he was tenant's licensee and that his license to occupy the apartment had expired after tenant died. Occupant's name never appeared on tenant's annual income affidavits, but NYCHA had denied tenant's requests to add occupant to her household composition listing due to overcrowding. After landlord started the eviction case, occupant filed a grievance with NYCHA, claiming that he was tenant's remaining family member entitled to succession rights. Occupant never appeared for a scheduled hearing, and NYCHA denied the grievance request based on occupant's default.

The court found that, since NYCHA didn't actually conduct a hearing on the issue, the court could consider occupant's succession claim. The court also found that, since it had appointed a guardian ad litem (GAL) for occupant in the court case, presumably occupant needed one to represent him before NYCHA.  The fact that occupant owed use and occupancy arrears to NYCHA also didn't bar consideration of his succession claim. Since NYCHA didn't properly determine to date that occupant was a licensee with no right to remain, the case must be dismissed. Occupant also hadn't proved at this point that he had succession rights. The court dismissed the case without prejudice to either side's commencement of a new proceeding.

NYCHA-Fulton Houses v. Alicea: Index No. 15724/2017, 2019 NY Slip Op 29048 (Civ. Ct. NY; 2/8/19; Stoller, J)