Public Housing Tenant's Daughter Gets Apartment

August 31, 2006

LVT Number: 19073

Landlord sued to evict public housing tenant's daughter after tenant died. The daughter claimed pass-on rights to the apartment. Landlord argued that tenant's children weren't eligible to remain in the apartment, because of tenant's son's felony conviction. The court ruled for landlord. The daughter appealed and won. Tenant's daughter had lived in the apartment at all times ever since tenant moved in. So she was a remaining family member entitled to stay in the apartment. The daughter claimed pass-on rights for herself only.

Landlord sued to evict public housing tenant's daughter after tenant died. The daughter claimed pass-on rights to the apartment. Landlord argued that tenant's children weren't eligible to remain in the apartment, because of tenant's son's felony conviction. The court ruled for landlord. The daughter appealed and won. Tenant's daughter had lived in the apartment at all times ever since tenant moved in. So she was a remaining family member entitled to stay in the apartment. The daughter claimed pass-on rights for herself only. Her brother was in jail, and she could prevent him from moving back into the apartment.

NYCHA Morrisania Air Rights v. Shaw: NYLJ, 8/1/06, p. 32, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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