NYCHA Must Reconsider Daughter's Succession Claim

NYCHA tenant’s daughter filed a remaining family member grievance, seeking succession rights to tenant’s apartment. NYCHA ruled against the daughter for failure to pay use and occupancy. The daughter filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled for the daughter.

Landlord appealed and lost. NYCHA’s action was arbitrary and capricious as it was taken without a sound basis in reason or regard to the facts. NYCHA’s application of its rule governing succession claims was unreasonable because NYCHA failed and refused to recalculate use and occupancy based on the daughter’s income, notwithstanding that its management manual required that it do so while the daughter’s claim was pending. The manual directed NYCHA to set use and occupancy at the lower of either rent paid by tenant or use and occupancy based on the daughter’s income. NYCHA also failed and refused to provide the daughter with information and documents needed for her to apply for funds to pay arrears. It then became impossible for the daughter to pay use and occupancy arrears, which was required before getting a hearing on her succession claim. The case was sent back to NYCHA to process the daughter’s succession claim.

Figueroa v. NYCHA: 2016 NY Slip Op 05619, 2016 WL 3919172 (App. Div. 1 Dept.; 7/21/16; Tom, JP, Acosta, Richter, Manzanet-Daniels, Gesmer, JJ)