NYCHA Tenant’s Grandson Can’t Get Apartment

NYCHA tenant’s grandson claimed succession rights after tenant died. NYCHA ruled against the grandson after a hearing. The grandson filed an Article 78 appeal, claiming NYCHA’s decision was unreasonable. The court ruled against the grandson. The grandson had previously lived with tenant. But the grandson’s uncle obtained custody of him nine months before tenant died and, during that time, the grandson lived with the uncle in New Jersey. The grandson was a minor at that time and attended school in New Jersey. The grandson also didn’t obtain the required written permission to rejoin tenant’s household after moving to New Jersey. 

Jenkins v. NYCHA: 2015 NY Slip Op 04728, 2015 WL 3497708 (App. Div. 1 Dept.; 6/4/15; Gonzalez, PJ, Mazzarelli, Acosta, Clark, Kapnick, JJ)