NYCHA Tenant's Son Can't Get Apartment
LVT Number: #32765
NYCHA tenant's son claimed succession rights to an apartment after tenant died in 2018. NYCHA ruled against the son and denied his Remaining Family Member status application after a grievance hearing. The son then filed an Article 78 court appeal of NYCHA's decision and lost.
The court found that NYCHA's decision had a rational basis. NYCHA records showed that the son had been removed from the apartment's family composition records as early as 2013. Both tenant and the son were aware of that fact and made no efforts during the five years before tenant's death to add the son back to the family composition listing. Tenant income affidavits for 2015 and 2016 also identified her as the apartment's sole occupant. Tenant's recertification forms for 2017 and 2018, the year before she died, also identified her as the sole apartment occupant. NYCHA also reminded tenant on a regular basis since 2002 that written permission was required if she wanted to request that an additional person be allowed to resident in the unit.
Matter of Nelson v. Russ: Index No. 452442/2022, 2023 NY Slip Op 32944(U)(Sup. Ct. NY; 8/24/23; Dominguez, J)