Tenant's Godson Can't Get NYCHA Apartment

March 1, 2011

LVT Number: #23202

NYCHA tenant's godson claimed that he was a remaining family member entitled to apartment succession rights. NYCHA ruled against the godson, who appealed and lost. He claimed that NYCHA's decision, issued without a hearing, was arbitrary and unreasonable. But a godson isn't an immediate family member entitled to succession rights under NYCHA rules. The godson also hadn't continued to pay use and occupancy charges before filing his complaint with NYCHA. And NYCHA policy required tenant to file a written request to add the godson as a household member. Tenant never did this.

NYCHA tenant's godson claimed that he was a remaining family member entitled to apartment succession rights. NYCHA ruled against the godson, who appealed and lost. He claimed that NYCHA's decision, issued without a hearing, was arbitrary and unreasonable. But a godson isn't an immediate family member entitled to succession rights under NYCHA rules. The godson also hadn't continued to pay use and occupancy charges before filing his complaint with NYCHA. And NYCHA policy required tenant to file a written request to add the godson as a household member. Tenant never did this.

Hawthorne v. NYCHA: NYLJ, 2/3/11, p. 28, col. 1 (App. Div. 1 Dept.; Andrias, JP, Sweeny, Moskowitz, DeGrasse, Abdus-Salaam, JJ)

Topics

More like this