NYCHA Tenant's Daughter Can't Get Apartment

February 27, 2017

LVT Number: #27537

The daughter of deceased NYCHA tenant filed an Article 78 appeal of NYCHA’s denial of her succession rights claim to the apartment. The court ruled for the daughter, but NYCHA appealed and won. NYCHA’s denial of the succession claim was reasonable. The daughter didn’t prove that she lived in the apartment with tenant for at least a year before tenant died. Tenant’s removal notice, which included copies of the daughter’s 2013 NYSID card and her SSI payment information, listed a different address for the daughter in Queens.

The daughter of deceased NYCHA tenant filed an Article 78 appeal of NYCHA’s denial of her succession rights claim to the apartment. The court ruled for the daughter, but NYCHA appealed and won. NYCHA’s denial of the succession claim was reasonable. The daughter didn’t prove that she lived in the apartment with tenant for at least a year before tenant died. Tenant’s removal notice, which included copies of the daughter’s 2013 NYSID card and her SSI payment information, listed a different address for the daughter in Queens. The daughter didn’t prove that she never moved out of the apartment.

 

 
Valette v. NYCHA: 2017 NY Slip Op 00579, 2017 WL 401500 (App. Div. 1 Dept.; 1/31/17; Friedman, JP, Sweeny, Richter, Manzanet-Daniels, Kapnick, JJ)

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