NYCHA Must Reconsider Daughter's Pass-On Rights Claim
LVT Number: #22112
Tenant’s daughter claimed pass-on rights to NYCHA apartment when tenant died. After a hearing, landlord NYCHA ruled against the daughter and commenced an eviction proceeding in housing court. Landlord and daughter signed a settlement stipulation in court, and an eviction warrant was issued. The daughter then appealed NYCHA’s decision through an Article 78 proceeding in state Supreme Court, claiming that NYCHA’s hearing decision was arbitrary and unreasonable.
The Supreme Court delayed the eviction and ruled that the daughter could present new proof in court that she had lived in the apartment with tenant for at least one year before tenant died, and that landlord implicitly approved her co-occupancy. Landlord appealed.
The appeals court ruled for landlord in part. No hearing should be held before Supreme Court. The daughter should have sought relief in the housing court where the eviction warrant was issued. But the case was sent back to NYCHA for a further hearing. Tenant’s daughter underwent brain surgery a few months before NYCHA’s hearing and showed some confusion at that time. The daughter had no attorney and wasn’t given a full opportunity to present her case.
Detres v. NYCHA: NYLJ, 8/13/09, p. 36, col. 5 (App. Div. 1 Dept.; Andrias, JP, Catterson, Renwick, DeGrasse, Freedman, JJ)