Tenant's Adopted Child Can't Get NYCHA Apartment
LVT Number: #31471
NYCHA, as landlord of a federally funded public housing project under HUD regulations, denied a remaining family member (RFM) grievance by a surviving family member who sought succession to deceased tenant's apartment. NYCHA ruled against the family member, who filed an Article 78 court appeal of NYCHA's decision.
The court ruled against the family member. NYCHA rules required an applicant for RFM status to show that he or she joined a tenant's household in accordance with the "family growth" rules that governed changes to tenant's original family composition. Tenant had adopted the family member seeking RFM status but never presented a copy of the adoption papers to landlord. HUD regulations specifically required tenant to promptly inform NYCHA of the birth, adoption, or court-awarded custody of a child, and the family must request NYCHA approval to add any other family member as an occupant of the unit. Tenant's failure to notify NYCHA of her adoption of the family member seeking RFM status required dismissal of the family member's claim. In addition, the family member failed to show continuous occupancy of the apartment before tenant died.
Jennette v. NYCHA: Index No. 451839/2019, 2021 NY Slip Op 31715(U)(Sup. Ct. NY; 5/21/21; Edmead, J)