NYCHA Tenant's Daughter Doesn't Prove Pass-on Rights

June 30, 2011

LVT Number: #23499

NYCHA tenant's daughter appealed NYCHA's decision that she wasn't a remaining family member entitled to apartment succession rights. The court and appeals court ruled against the daughter. Tenant's daughter didn't qualify for succession because she didn't enter the apartment lawfully. She never received written permission from landlord to permanently occupy the apartment. Tenant's request to add the daughter had in fact been denied because she was too young to live in senior housing.

NYCHA tenant's daughter appealed NYCHA's decision that she wasn't a remaining family member entitled to apartment succession rights. The court and appeals court ruled against the daughter. Tenant's daughter didn't qualify for succession because she didn't enter the apartment lawfully. She never received written permission from landlord to permanently occupy the apartment. Tenant's request to add the daughter had in fact been denied because she was too young to live in senior housing. The daughter also failed to prove that landlord knew or implicitly approved her residency.

Echeverria v. NYCHA: NYLJ, 6/24/11, p. 30, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Moskowitz, Richter, Abdus-Salaam, JJ)

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