Tenant's Daughter Didn't Properly File Appeal

December 15, 2015

LVT Number: #26652

NYCHA tenant’s daughter sought succession rights after tenant died. The daughter had asked NYCHA for permission to join tenant’s household in October 2008. NYCHA approved the request in February 2009, and tenant died in April 2009.  NYCHA ruled against the daughter after the daughter failed to appear for a hearing. The daughter filed an Article 78 court appeal and won. NYCHA then appealed to a higher court, and its decision was reinstated. The daughter should have filed an appeal with NYCHA to vacate the hearing officer’s decision.

NYCHA tenant’s daughter sought succession rights after tenant died. The daughter had asked NYCHA for permission to join tenant’s household in October 2008. NYCHA approved the request in February 2009, and tenant died in April 2009.  NYCHA ruled against the daughter after the daughter failed to appear for a hearing. The daughter filed an Article 78 court appeal and won. NYCHA then appealed to a higher court, and its decision was reinstated. The daughter should have filed an appeal with NYCHA to vacate the hearing officer’s decision. But the daughter instead filed the court appeal. This was premature because there was no final agency determination. So the appeal must be dismissed.

 

 

 

Brisbon v. NYCHA: 2015 NY Slip Op 08407, 2015 WL 7269260 (App. Div. 2 Dept.; 11/18/15; Rivera, JP, Leventhal, Austin, Hinds-Radix, JJ)

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