NYCHA Must Reconsider Son's Succession Claim

NYCHA denied the request of deceased tenant’s son for succession rights. Tenant had lived in the one-bedroom apartment for 20 years before she died in 2012. She developed dementia and her son moved in to care for her in 2009. NYCHA twice denied tenant’s request to add son as an additional family member, claiming that it would result in overcrowding. The son filed an Article 78 appeal. The court ruled against him, finding that NYCHA had a reasonable basis for ruling against the son because he didn’t have standing to bring a succession claim or to seek a disability accommodation on behalf of tenant.

The son appealed and won. The appeals court found that, under NYC Human Rights Law, the person claiming a failure to accommodate a disability need not be the person to whom the accommodation was not provided. The law grants standing to persons like tenant’s son who have been discriminated against by their association with a disabled person. The case was sent back to NYCHA for a new ruling. Two judges disagreed, noting that tenant’s disability was accommodated by granting the son temporary residency in the apartment and that tenant could have avoided any problem by simply requesting a transfer to a larger apartment.

Aponte v. Olatoye: Index No. 400546/14, NYLJ No. 1202754590249 (App. Div. 1 Dept.; 4/11/16; Manzanet-Daniels, Renwick, Andrias, Tom [dissenting], Moskowitz [dissenting])