Tenant’s Son Can't Get NYCHA Apartment

March 16, 2016

LVT Number: #26839

NYCHA tenant’s son claimed succession rights after tenant died. NYCHA ruled against the son, who then filed an Article 78 court appeal. The court ruled against the son. The son didn’t obtain NYCHA’s written consent to occupy deceased tenant’s apartment and didn’t show that NYCHA had acquiesced to his occupancy. The son also couldn’t make a claim under the Americans with Disabilities Act since he didn’t meet the essential eligibility requirements for admission into public housing.

NYCHA tenant’s son claimed succession rights after tenant died. NYCHA ruled against the son, who then filed an Article 78 court appeal. The court ruled against the son. The son didn’t obtain NYCHA’s written consent to occupy deceased tenant’s apartment and didn’t show that NYCHA had acquiesced to his occupancy. The son also couldn’t make a claim under the Americans with Disabilities Act since he didn’t meet the essential eligibility requirements for admission into public housing. And his challenge to NYCHA’s denial of his mother’s 2007 request to add him as an apartment occupant was made too late. NYCHA’s decision was reasonable.

 

 

 

 

 

 

Eng v. Rhea: 2016 NY Slip Op 01393, 2016 WL 732401 (App. Div. 1 Dept.; 2/25/16; Mazzarelli, JP, Renwick, Manzanet-Daniels, Kapnick, JJ)

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