Tenant's Brother Can't Get NYCHA Apartment

March 24, 2014

LVT Number: #25402

NYCHA tenant's brother sought succession rights to her apartment after tenant died in December 2010. NYCHA ruled against the brother, who filed an Article 78 court appeal. The court ruled against the brother.  The brother claimed that he had lived in the apartment since 2005. But neither he nor tenant received written permission for him to live in there. Tenant's income affidavits from 2005 through 2010 also listed her as the sole apartment occupant. And the brother presented no other persuasive proof to support his claim.

NYCHA tenant's brother sought succession rights to her apartment after tenant died in December 2010. NYCHA ruled against the brother, who filed an Article 78 court appeal. The court ruled against the brother.  The brother claimed that he had lived in the apartment since 2005. But neither he nor tenant received written permission for him to live in there. Tenant's income affidavits from 2005 through 2010 also listed her as the sole apartment occupant. And the brother presented no other persuasive proof to support his claim.

Toussaint v. NYCHA: Index No. 400011/13, NYLJ No. 1202641218665 (Sup. Ct. NY; 2/5/14; Ling-Cohan, J)

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