NYCHA Tenant's Son Can't Get Apartment

August 31, 2011

LVT Number: #23602

Tenant’s son moved into NYCHA housing with tenant in 1969. In 2004, NYCHA sought to terminate tenant’s lease, but signed a settlement agreement with her, allowing her to remain in her apartment on condition that her son was permanently excluded. The son had been arrested on drug charges. Tenant died later in 2004. In 2005, the drug charges against the son were dismissed. He then sought a lease in his own name as a remaining family member. NYCHA ruled against the son, who appealed the agency’s decision. The court ruled against him.

Tenant’s son moved into NYCHA housing with tenant in 1969. In 2004, NYCHA sought to terminate tenant’s lease, but signed a settlement agreement with her, allowing her to remain in her apartment on condition that her son was permanently excluded. The son had been arrested on drug charges. Tenant died later in 2004. In 2005, the drug charges against the son were dismissed. He then sought a lease in his own name as a remaining family member. NYCHA ruled against the son, who appealed the agency’s decision. The court ruled against him. The son claimed that the settlement agreement between NYCHA and tenant was unenforceable. But no timely challenge was ever filed against the prior NYCHA ruling that incorporated that agreement. The agreement to exclude tenant’s son was substantial evidence that supported NYCHA’s denial of succession rights.

Headley v. NYCHA: NYLJ, 8/22/11, p. 21, col. 3 (App Div. 2 Dept.; Florio, JP, Balkin, Eng, Leventhal, JJ)

Topics

More like this