Public Housing Tenant Not Entitled to Grievance Hearing

July 31, 2006

LVT Number: 19007

Landlord NYCHA sued to evict tenant's son after tenant died. The son claimed pass-on rights and argued that NYCHA should have given him a grievance hearing before starting the eviction case. He asked the court to dismiss the case. The court ruled against the son. He appealed and lost. There was no question of fact requiring a hearing. Landlord showed that the son had moved into the apartment two months before tenant died, and without landlord's permission or knowledge. He also didn't pay use and occupancy after tenant died. The son wasn't entitled to a grievance hearing.

Landlord NYCHA sued to evict tenant's son after tenant died. The son claimed pass-on rights and argued that NYCHA should have given him a grievance hearing before starting the eviction case. He asked the court to dismiss the case. The court ruled against the son. He appealed and lost. There was no question of fact requiring a hearing. Landlord showed that the son had moved into the apartment two months before tenant died, and without landlord's permission or knowledge. He also didn't pay use and occupancy after tenant died. The son wasn't entitled to a grievance hearing.

NYCHA-Martin Luther King, Jr. Houses v. Covington: NYLJ, 7/20/06, p. 29, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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