Tenant Never Claimed Daughter-in-Law as Occupant

NYCHA tenant's daughter-in-law claimed that she had the right to stay in tenant's NYCHA apartment after tenant moved out. NYCHA found that the daughter-in-law didn't qualify as a remaining family member. The daughter-in-law appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against her. There was substantial proof that the daughter-in-law lived in the apartment illegally. Landlord denied tenant's 2005 request to add the daughter-in-law and her sons to the household. This was the only written request tenant ever made. And every income affidavit submitted by tenant from 1995 through 2005, the years tenant lived in the apartment, stated that tenant was the only apartment occupant and listed only tenant's income. In addition, tenant moved out by July 2005, less than a year after asking to add the daughter-in-law to the household. So, in any event, the daughter-in-law didn't live with tenant in the apartment long enough to qualify as a remaining family member.

McNeal v. Hernandez: NYLJ, 1/8/09, p. 34, col. 3 (App. Div. 1 Dept.; Friedman, JP, McGuire, Acosta, DeGrasse, Freedman, JJ)