Tenant Entitled to Hearing

May 31, 1999

LVT Number: 13271

Landlord NYCHA sued to evict tenant's daughter after tenant died. Tenant's daughter claimed she had pass-on rights to the apartment. Landlord claimed that, under NYCHA rules and regulations, tenant was disqualified from pass-on rights because of her criminal background. Tenant's daughter asked the court to dismiss the case. The court ruled for the daughter. Before landlord can sue to evict tenant's daughter, it must give her a due process hearing. Landlord didn't do so in this case and couldn't bring the eviction case until it did.

Landlord NYCHA sued to evict tenant's daughter after tenant died. Tenant's daughter claimed she had pass-on rights to the apartment. Landlord claimed that, under NYCHA rules and regulations, tenant was disqualified from pass-on rights because of her criminal background. Tenant's daughter asked the court to dismiss the case. The court ruled for the daughter. Before landlord can sue to evict tenant's daughter, it must give her a due process hearing. Landlord didn't do so in this case and couldn't bring the eviction case until it did.

NYCHA v. Carter: NYLJ, p. 30, col. 3 (5/19/99) (Civ. Ct. Kings; Sikowitz, J)

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