Occupant Wasn't Remaining Family Member of Former NYCHA Tenant

April 30, 2007

LVT Number: #19588

Landlord sued to evict apartment occupant from NYCHA housing after tenant died. Occupant claimed she was tenant's remaining family member and had pass-on rights to the apartment. The court and first appeals court ruled for occupant and dismissed the case. Landlord appealed again and won. Occupant never got written permission from landlord to live in the apartment while tenant was still alive. And there was no proof that landlord actually knew that occupant lived in the apartment or approved her occupancy.

Landlord sued to evict apartment occupant from NYCHA housing after tenant died. Occupant claimed she was tenant's remaining family member and had pass-on rights to the apartment. The court and first appeals court ruled for occupant and dismissed the case. Landlord appealed again and won. Occupant never got written permission from landlord to live in the apartment while tenant was still alive. And there was no proof that landlord actually knew that occupant lived in the apartment or approved her occupancy.

NYCHA Hammel Houses v. Newman: NYLJ, 4/23/07, p. 33, col. 2 (App. Div. 2 Dept.; Spolzino, JP, Goldstein, Fisher, McCarthy, JJ)

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