NYCHA Tenant's Granddaughter Claims Pass-On Rights

Landlord NYCHA sued to evict tenant’s granddaughter after tenant died. Landlord claimed that the granddaughter had no right to remain in the apartment. Landlord and the granddaughter signed a settlement agreement in court. The granddaughter agreed to a judgment of possession in landlord’s favor, and said that she would move out. An eviction warrant was issued, and execution was delayed for several months. The granddaughter later obtained an attorney and asked the court to vacate the settlement agreement, the judgment, and the warrant.

The court ruled for the granddaughter. She had lived in the apartment her entire life with NYCHA’s permission. She was listed as an occupant on tenant’s income affidavits. The granddaughter had filed a Remaining Family Member Grievance with NYCHA in 2006. NYCHA dismissed the grievance because back rent was owed. But DSS wouldn’t pay the back rent until NYCHA approved a new lease for the granddaughter. And NYCHA never ruled on the merits of the grievance. The settlement agreement was unjust or harsh under the circumstances. And the granddaughter wasn’t represented by an attorney when she signed the settlement agreement. The court set aside the settlement agreement, vacated the judgment and warrant, and restored the case to the court calendar for further proceedings.

NYCHA v. Jenkins: NYLJ, 2/4/09, p. 28, col. 3 (Civ. Ct. Bronx; Rodriguez, J)