Tenant's Brother Can't Get NYCHA Apartment

December 1, 2010

LVT Number: #23048

Landlord NYCHA sued to evict tenant's brother as a licensee after tenant transferred to another NYCHA apartment. The brother claimed succession rights to the original apartment and asked the court to dismiss the case. The court and appeals court ruled against the brother. NYCHA regulations state that an occupant who remains in the original apartment when a tenant of record transfers to another NYCHA apartment isn't entitled to a lease as a remaining family member.

Landlord NYCHA sued to evict tenant's brother as a licensee after tenant transferred to another NYCHA apartment. The brother claimed succession rights to the original apartment and asked the court to dismiss the case. The court and appeals court ruled against the brother. NYCHA regulations state that an occupant who remains in the original apartment when a tenant of record transfers to another NYCHA apartment isn't entitled to a lease as a remaining family member.

NYCHA v. Richardson: NYLJ, 11/18/10, p. 32, col. 4 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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