Tenant's Daughter Can't Get NYCHA Apartment

October 31, 2009

LVT Number: #22254

Landlord NYCHA denied the application of tenant's daughter to remain in the apartment after tenant died. NYCHA found that the daughter had no pass-on rights. The daughter appealed NYCHA's decision, claiming that it was unreasonable. The court ruled against her. The daughter didn't live in the apartment with tenant continuously for one year with landlord's permission before tenant died. The daughter had in fact applied for permission to rejoin tenant's household six months before tenant died.

Landlord NYCHA denied the application of tenant's daughter to remain in the apartment after tenant died. NYCHA found that the daughter had no pass-on rights. The daughter appealed NYCHA's decision, claiming that it was unreasonable. The court ruled against her. The daughter didn't live in the apartment with tenant continuously for one year with landlord's permission before tenant died. The daughter had in fact applied for permission to rejoin tenant's household six months before tenant died.

Daniels v. NYCHA: NYLJ, 10/29/09, p. 33, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Moskowitz, Renwick, Richter, JJ)

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