Tenant's Alleged Domestic Partner Can't Get NYCHA Apartment

After a NYCHA tenant died, an apartment occupant sought succession rights. NYCHA held a hearing in 2019 and denied the occupant's remaining family member grievance. The occupant then filed an Article 78 court appeal for review of NYCHA's decision. He claimed that he and the tenant were registered domestic partners. But there was no proof that the deceased tenant either requested or received permanent permission from NYCHA for the occupant to be added as a member of the household. While proof of written consent from NYCHA may not be needed in all cases, the occupant also provided no proof that he and tenant registered a domestic partnership. So their relationship wasn't included in the category of immediate relatives eligible to succeed to a NYCHA tenancy since NYCHA validly limited occupancy to those in a legal family relationship with a tenant. Personal hardship to the occupant resulting from NYCHA's decision wasn't grounds to annul NYCHA's ruling. And since the occupant didn't raise claims at the NYCHA hearing that landlord discriminated against him on the basis of sexual orientation, family status, and disability, those claims couldn't be considered for the first time in this appeal.  

Matter of Cadalzo v. Russ: Index No. 452057/19, App. No. 14020, Case No. 2020-03355, 2021 NY Slip Op 03544 (App. Div. 1 Dept.; 6/8/21; Renwick, JP, Kern, Scarpulia, Mendez, JJ)