Tenant's Granddaughter Can't Get NYCHA Apartment

November 16, 2012

LVT Number: #24447

NYCHA tenant's granddaughter claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the granddaughter, who filed an Article 78 appeal. The court and appeals court ruled against the granddaughter. Weeks before tenant died, NYCHA had rejected her request to add the granddaughter to her family composition. But even if NYCHA had approved tenant's request, the granddaughter didn't meet the minimum one-year continuous occupancy requirement before tenant died. Therefore, the granddaughter didn't qualify as a remaining family member.

NYCHA tenant's granddaughter claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the granddaughter, who filed an Article 78 appeal. The court and appeals court ruled against the granddaughter. Weeks before tenant died, NYCHA had rejected her request to add the granddaughter to her family composition. But even if NYCHA had approved tenant's request, the granddaughter didn't meet the minimum one-year continuous occupancy requirement before tenant died. Therefore, the granddaughter didn't qualify as a remaining family member.

Perez v. NYCHA: NYLJ, 10/29/12, p. 19, col. 1 (App. Div. 1 Dept.; Gonzalez, PJ, Moskowitz, Acosta, Freedman, Abdus-Salaam, JJ)

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