NYCHA Must Grant New Hearing on Grandson's Succession Claim

NYCHA tenant's grandson, who was also tenant's adopted son, filed a grievance request with NYCHA, seeking succession rights after tenant died. The grandson said that he had lived with tenant since he was a year old. When tenant died in 2018, the grandson was still a minor. NYCHA ruled against the grandson, who had sued landlord in 2020 after he was illegally locked out of tenant's apartment. The housing court ordered NYCHA to restore the grandson to possession.

NYCHA ruled against the grandson, finding that he was never added to any family composition list for the apartment. The grandson then filed an Article 78 court appeal of NYCHA's decision.

The court ruled for the grandson. NYCHA's ruling was arbitrary and capricious because the grandson submitted adequate documentation to support his claim. NYCHA was in error by requiring the grandson to adhere to a written request to be added to the household composition because he wasn't the head of household and a was a minor at the time. NYCHA also failed to inform the grandson of his right to file an Article 78 appeal, and failed to give the grandson due process by granting a third-step grievance proceeding in front of an impartial hearing officer. The case was sent back for a formal hearing before NYCHA. The court also ruled that, in the meantime, NYCHA couldn't start an eviction proceeding against the grandson. 

Byas v. NYCHA: Index No. 801987/2021E, 2021 NY Slip Op 31983(U)(Sup. Ct. Bronx; 7/8/21; Guzman, J)