Sister Can't Get Tenant's NYCHA Apartment

March 1, 2011

LVT Number: #23207

The sister of a NYCHA tenant claimed pass-on rights after tenant died. NYCHA held a hearing and ruled against her. The sister appealed and lost. The sister admitted that she never received written consent to live in the apartment and didn't live there for more than a year before tenant died. Instead, the sister claimed that one of landlord's employees had assured her orally that she could remain in the apartment. But there was no proof that NYCHA waived its right to insist on strict compliance with its own policies. NYCHA's decision was not arbitrary or unreasonable.

The sister of a NYCHA tenant claimed pass-on rights after tenant died. NYCHA held a hearing and ruled against her. The sister appealed and lost. The sister admitted that she never received written consent to live in the apartment and didn't live there for more than a year before tenant died. Instead, the sister claimed that one of landlord's employees had assured her orally that she could remain in the apartment. But there was no proof that NYCHA waived its right to insist on strict compliance with its own policies. NYCHA's decision was not arbitrary or unreasonable.

Ruiz v. NYCHA: NYLJ, 2/10/11, p. 29, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Catterson, Manzanet-Daniels, JJ)

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