Son of NYCHA Tenant Doesn't Prove Succession Rights

January 1, 2011

LVT Number: #23087

After tenant died, her son asked NYCHA for permission to remain in the apartment as tenant's surviving family member. NYCHA denied the request, and the son filed a court appeal, claiming that the decision was arbitrary and unreasonable. The court ruled against tenant's son. NYCHA's decision was based on substantial proof. The son didn't live with tenant for at least one year after getting written approval to become a permanent member of tenant's household and prior to her death.

After tenant died, her son asked NYCHA for permission to remain in the apartment as tenant's surviving family member. NYCHA denied the request, and the son filed a court appeal, claiming that the decision was arbitrary and unreasonable. The court ruled against tenant's son. NYCHA's decision was based on substantial proof. The son didn't live with tenant for at least one year after getting written approval to become a permanent member of tenant's household and prior to her death. So he couldn't take over the apartment as a remaining family member under NYCHA rules, and the agency properly denied his request.

Blake v. NYCHA: NYLJ, 12/7/10, p. 36, col. 5 (App. Div. 2 Dept.; Skelos, JP, Dickerson, Eng, Lott, JJ)

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