Tenant's Daughter Can't Get Public Housing Apartment

Landlord housing company rejected the application of tenant's daughter to take over the apartment after tenant died. The daughter appealed to the DHCR, which regulated the housing complex. The DHCR ruled against her. The daughter appealed to the court, claiming that the DHCR's decision was unreasonable. The court ruled against tenant's daughter. The housing company was never notified in writing that the daughter had moved into the apartment. When tenant died in January 1999, the only credible proof that the apartment was the daughter's primary residence was an affidavit of income filed by tenant nine months earlier listing the daughter as a resident of the apartment. Generally, a family member must primarily reside with tenant for at least two years before she can claim succession rights. Only one year is required if the family member is disabled. But even if, as claimed, the daughter was disabled, she didn't prove she lived in the apartment for at least a year.

Martino v. Southbridge Towers: NYLJ, 12/3/09, p. 33, col. 5 (App. Div. 1 Dept.; Tom, JP, Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ)