NYCHA Tenant's Grandson Can't Get Apartment

February 25, 2020

LVT Number: #30665

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died. NYCHA held a hearing and denied the grandson's request. The grandson then filed an Article 78 court appeal, claiming that NYCHA's decision wasn't supported by substantial evidence. The court ruled against the grandson. Tenant sought to add the grandson to her household in 2011. NYCHA properly denied that application since the grandson was then ineligible to be admitted to tenant's household.

NYCHA tenant's grandson claimed succession rights to tenant's apartment after she died. NYCHA held a hearing and denied the grandson's request. The grandson then filed an Article 78 court appeal, claiming that NYCHA's decision wasn't supported by substantial evidence. The court ruled against the grandson. Tenant sought to add the grandson to her household in 2011. NYCHA properly denied that application since the grandson was then ineligible to be admitted to tenant's household. After that, tenant didn't attempt to add the grandson as a permanent resident after the period of ineligibility was completed, didn't obtain permission for him to join the household, and didn't include him on her annual income affidavits.

Hockaday v. Olatoye: Index Nos. 10928, 101071/17, 2020 NY Slip Op 00684 (App. Div. 1 Dept.; 1/30/20; Richter, JP, Gische, Mazzarelli, Gesmer, JJ)

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