Tenant's Daughter Can't Get NYCHA Apartment

June 30, 2011

LVT Number: #23451

NYCHA tenant's daughter filed a grievance claiming remaining family member status after tenant died. NYCHA ruled against the daughter after a hearing. The daughter appealed and lost. The court and appeals court found that NYCHA's decision was rational and supported by substantial evidence. The daughter admitted that she never received written consent to live in tenant's apartment, and didn't live there for more than one year before tenant died. Tenant's most recent annual income affidavit and his data summary sheet also both listed tenant as the sole occupant of the apartment.

NYCHA tenant's daughter filed a grievance claiming remaining family member status after tenant died. NYCHA ruled against the daughter after a hearing. The daughter appealed and lost. The court and appeals court found that NYCHA's decision was rational and supported by substantial evidence. The daughter admitted that she never received written consent to live in tenant's apartment, and didn't live there for more than one year before tenant died. Tenant's most recent annual income affidavit and his data summary sheet also both listed tenant as the sole occupant of the apartment. The daughter didn't have succession rights.

Guzman v. NYCHA: NYLJ, 6/16/11, p. 29, col. 1 (App. Div. 1 Dept.; Saxe, JP, Acosta, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ)

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