Tenant's Daughter Never Got Permission to Live in Apartment

Tenant's daughter requested permission to take over tenant's NYCHA apartment as a remaining family member. NYCHA denied her request. She appealed, claiming that the decision was unreasonable. The court ruled against tenant's daughter. The daughter claimed that tenant moved out in 1998 and that she had lived in the apartment her entire life and now had her own minor child. She claimed that NYCHA knew this. NYCHA previously had denied the daughter's request to join the household. NYCHA had once granted the daughter temporary permission to live in the apartment, but this wasn't permanent and didn't give the daughter succession rights. Since tenant's daughter didn't have permission to live in the apartment with tenant for at least one year before tenant moved out, she wasn't entitled to remain in the apartment. The court found that NYCHA's one-year rule was reasonable since it was related to the goal of making certain public housing fairly allocated.

Douce v. NYCHA: NYLJ, 11/12/09, p. 27, col. 1 (Sup. Ct. NY; Lobis, J)