Tenant's Daughter Can't Get NYCHA Apartment

February 1, 2011

LVT Number: #23151

Tenant's daughter appealed NYCHA ruling that she wasn't a remaining family member entitled to succession rights. The daughter lived in the apartment with tenant until 1988. NYCHA later gave her permission to move back in with tenant in 2005, to care for ailing tenant. Tenant died in 2008. The court upheld NYCHA's decision. The daughter never obtained NYCHA's written consent to live with tenant and couldn't claim implicit approval under NYCHA rules.

Tenant's daughter appealed NYCHA ruling that she wasn't a remaining family member entitled to succession rights. The daughter lived in the apartment with tenant until 1988. NYCHA later gave her permission to move back in with tenant in 2005, to care for ailing tenant. Tenant died in 2008. The court upheld NYCHA's decision. The daughter never obtained NYCHA's written consent to live with tenant and couldn't claim implicit approval under NYCHA rules.

Cummiskey v. Rhea: Index No. 401289/10, NYLJ No. 1202477923936 (Sup. Ct. NY; 1/3/11; Sherwood, J)

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