NYCHA Tenant's Son Can't Get Apartment

Landlord NYCHA tenant's son filed a grievance with NYCHA after tenant moved out, claiming succession rights to tenant's apartment. NYCHA ruled against tenant's son, who filed an Article 78 court appeal and lost. NYCHA's decision was supported by substantial evidence. The son had moved out of the apartment decades earlier and never received written permission from NYCHA to return. Tenant also never listed the son on any of her annual income affidavits filed with NYCHA. Even if, as the son claimed, NYCHA knew that he was living in the apartment, this didn't stop NYCHA from denying the son's request for remaining family member status. The son also now claimed that NYCHA should have appointed a guardian ad litem (GAL) to represent him before NYCHA. But he never requested this from NYCHA and there was no showing that any intellectual or mental health disabilities the son had were so serious that they would have been apparent to NYCHA staff members or that appointment of a GAL would have affected the outcome before NYCHA.

Becerril v. NYCHA: Index No. 8208-102055/15, 2019 NY Slip Op 00540 (App. Div. 1 Dept.; 1/24/19; Sweeny, JP, Tom, Kahn, Oing, Singh, JJ)