NYCHA Must Give Tenant's Grandson New Hearing on Succession Claim

April 20, 2015

LVT Number: #26098

Tenant's grandson claimed succession rights to tenant's NYCHA apartment. NYCHA ruled against the grandson, who then filed an Article 78 appeal. NYCHA had ruled after a hearing that the grandson failed to prove that he lived in the apartment for a least one year before tenant died. The court ruled for the grandson and sent the case back for further fact-finding. A NYCHA staff member, who could have testified as to whether tenant asked to add the grandson to her lease, didn't appear at the hearing. And NYCHA had barred a neighbor from testifying.

Tenant's grandson claimed succession rights to tenant's NYCHA apartment. NYCHA ruled against the grandson, who then filed an Article 78 appeal. NYCHA had ruled after a hearing that the grandson failed to prove that he lived in the apartment for a least one year before tenant died. The court ruled for the grandson and sent the case back for further fact-finding. A NYCHA staff member, who could have testified as to whether tenant asked to add the grandson to her lease, didn't appear at the hearing. And NYCHA had barred a neighbor from testifying. A new hearing was needed to permit the grandson to present witnesses in support of his claim.

Ammar v. Olatoye: Index No. 100660/14, NYLJ No. 1202721318614 (Sup. Ct. NY; 2/10/15; Masley, J)

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