Tenant's Daughter Can't Get NYCHA Apartment

January 1, 2010

LVT Number: #22375

NYCHA tenant's daughter asked to take over tenant's apartment as a remaining family member after tenant died. NYCHA ruled against the daughter. She appealed, claiming that its decision was unreasonable. The court ruled against the daughter. Tenant was disabled, and the daughter, also disabled, had moved in with her teenage son in order to care for tenant. Tenant asked NYCHA for permanent permission for the daughter and her son to move into the apartment. NYCHA denied that request due to overcrowding, and tenant never appealed.

NYCHA tenant's daughter asked to take over tenant's apartment as a remaining family member after tenant died. NYCHA ruled against the daughter. She appealed, claiming that its decision was unreasonable. The court ruled against the daughter. Tenant was disabled, and the daughter, also disabled, had moved in with her teenage son in order to care for tenant. Tenant asked NYCHA for permanent permission for the daughter and her son to move into the apartment. NYCHA denied that request due to overcrowding, and tenant never appealed. The daughter lacked standing to seek succession rights because tenant failed to appeal NYCHA's prior decision. Tenant also never got permission for the daughter to live in the apartment.

Monges v. Rhea: NYLJ, 12/30/09, p. 26, col. 1 (Sup. Ct. NY; Solomon, J)

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