NYCHA Illegally Locked Out Tenant's Grandson After Tenant Died

July 27, 2020

LVT Number: #30888

Tenant's grandson sued landlord NYCHA, claiming illegal lockout from his apartment. NYCHA claimed that the apartment was abandoned and that the grandson was an unauthorized occupant who hadn't lived in the apartment for the prior 30 days. But the grandson credibly testified in court that he moved into the apartment in 2001 with his grandfather, who was the tenant of record. He said he lived with tenant until tenant died in January 2018. At that time, the grandson attended college upstate and returned to the apartment as his residence on school breaks.

Tenant's grandson sued landlord NYCHA, claiming illegal lockout from his apartment. NYCHA claimed that the apartment was abandoned and that the grandson was an unauthorized occupant who hadn't lived in the apartment for the prior 30 days. But the grandson credibly testified in court that he moved into the apartment in 2001 with his grandfather, who was the tenant of record. He said he lived with tenant until tenant died in January 2018. At that time, the grandson attended college upstate and returned to the apartment as his residence on school breaks. When he last returned in May 2020, his keys to the apartment didn't work.

The court ruled for the grandson and ordered NYCHA to restore him to possession. The grandson was in constructive possession of the apartment. He also claimed succession rights. NYCHA didn't prove that the apartment had been abandoned.

Byas v. NYCHA: Index No. 801172/2020, NYLJ No. 1593546310 (Civ. Ct. Bronx; 6/26/20; Scott-McLaughlin, J)

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