Occupant Didn't Pay Use and Occupancy

April 1, 1998

LVT Number: 12227

Public housing occupant claimed she was the remaining family member entitled to pass-on rights to tenant's apartment. Landlord NYCHA ruled that occupant couldn't have a grievance hearing on this issue because she didn't pay use and occupancy for the apartment. Occupant appealed and won. Landlord then appealed and won. NYCHA procedures require any occupant claiming rights to remain in an apartment to pay use and occupancy until a determination is made. Occupant hadn't done so. She claimed that DSS wouldn't help her with payments without proof that she had a lease.

Public housing occupant claimed she was the remaining family member entitled to pass-on rights to tenant's apartment. Landlord NYCHA ruled that occupant couldn't have a grievance hearing on this issue because she didn't pay use and occupancy for the apartment. Occupant appealed and won. Landlord then appealed and won. NYCHA procedures require any occupant claiming rights to remain in an apartment to pay use and occupancy until a determination is made. Occupant hadn't done so. She claimed that DSS wouldn't help her with payments without proof that she had a lease. But landlord showed that it had informed occupant of the use and occupancy requirement from the outset and had offered to help her with an application to DSS.

Garcia v. Franco: NYLJ, p. 26, col. 4 (3/23/98) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Wallach, Williams, Mazzarelli, JJ)

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