Tenant's Granddaughter Can't Get NYCHA Apartment

Landlord NYCHA denied granddaughter’s succession claim after tenant died. The granddaughter filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled against the granddaughter. Tenant never obtained NYCHA’s written consent for the granddaughter’s permanent occupancy. And, even if NYCHA had granted a request from tenant to add granddaughter as a permanent household member in 2005, the granddaughter moved out in 2007 to live with her new husband, and didn’t receive written permission to rejoin tenant’s apartment household when she returned in 2008. Granddaughter’s claim that she wouldn’t have moved out if NYCHA had granted the 2005 request was speculative. And, even if NYCHA had granted written consent for granddaughter’s occupancy in 2012, tenant died less than a year later. So the granddaughter couldn’t satisfy the one-year residency requirement for succession rights.

Peterson v. Olatoye: 28 N.Y.S.3d 317, 2016 NY Slip Op 02907 (App. Div. 1 Dept.; 4/14/16; Mazzarelli, JP, Acosta, Moskowitz, Gische, Webber, JJ)