NYCHA Tenant's Daughter Proved Pass-On Rights

Elderly tenant lived in NYCHA apartment and received a program-based Section 8 rent subsidy. Tenant's adult daughter came to live with tenant in 2004. In late 2005, tenant's daughter filed an application with NYCHA, seeking to be added as a permanent resident of tenant's household. In 2006 and 2007, tenant and her daughter asked about the application status when tenant submitted recertification documents. Each time, NYCHA staff told tenant and her daughter that they had to resubmit an application or contact another NYCHA office. Later in 2007, NYCHA terminated tenant's rent subsidy and started billing her for full rent. NYCHA then sued to evict tenant for nonpayment of rent. Tenant died in late 2007. Tenant's daughter then sued NYCHA. NYCHA never contacted tenant or her daughter about the daughter's application before terminating tenant's rent subsidy. The daughter claimed that she had pass-on rights to the apartment and that NYCHA improperly terminated tenant's rent subsidy. NYCHA argued that tenant's daughter no longer qualified for classification as a permanent resident of the apartment. In 2007, NYCHA's Occupancy Policy was changed. Previously an authorized family member could become a permanent resident. Now only a spouse, registered domestic partner, dependent child of the spouse or domestic partner, a legally adopted adult, or a child under the age of 18 could be added.
The court ruled for tenant's daughter. NYCHA's delay in processing the daughters' application was unreasonable. NYCHA also never notified tenant or her daughter of its rejection of her application, so tenant's daughter had no opportunity to appeal. Tenant's daughter should have been granted pass-on rights as a remaining family member, and NYCHA shouldn't have terminated tenant's Section 8 subsidy.

Gill v. Hernandez: NYLJ, 10/29/08, p. 29, col. 1 (Sup. Ct. NY; Kornreich, J)