NYCHA Tenant's Family Members Can't Get Apartment

Family members claimed succession rights to NYCHA tenant's apartment after tenant died. NYCHA ruled against them after an administrative hearing. The family members appealed and lost. They argued that they were exempt from landlord's remaining family member policy because landlord didn't comply with the notice requirements stated in tenant's lease. But the family members didn't have standing to raise this argument since they weren't parties to the lease and had no other contractual relationship with landlord. They did have actual notice of landlord's policy requiring management's written permission before they could become authorized occupants of the apartment. Tenant never got written consent for them to live in the apartment. The family members also didn't prove that they lived in the apartment for at least one year before tenant died.

Rahjou v. Rhea: 955 NYS2d 33, 2012 NY Slip Op 08259 (App. Div. 1 Dept.; 12/4/12; Saxe, JP, Friedman, Acosta, Renwick, Freedman, JJ)