Son Can't Get NYCHA Tenant's Apartment

NYCHA tenant's son claimed remaining family member status after tenant died. NYCHA ruled against the son, who filed an Article 78 appeal and lost. The son was an original tenant in the apartment, but his mother removed him from the NYCHA tenant data summary in 1993, stating that the son had moved. The son claimed that he remained in the apartment and didn't know his mother had removed him from the tenant summary. The son had contributed to the rent every month. The son's income wasn't declared on tenant's annual income affidavits after she removed the son in 1993. The son also argued that NYCHA's rule requiring a family member to have lived with a tenant for one year before the tenant died or moved out was arbitrary. But NYCHA had no knowledge that the son was living with tenant. Tenant violated NYCHA's rules to avoid higher rent, and NYCHA reasonably denied the son's request to remain in the apartment as a surviving family member.

Cooper v. Rhea: Index No. 401229/2013, NYLJ No. 1202662050076 (Sup. Ct. NY; 6/19/14; Masley, J)