Tenant's Grandson Can't Get NYCHA Apartment

The grandson of NYCHA tenant sought succession to tenant’s apartment after tenant died. Landlord NYCHA denied the grandson’s remaining family member claim. The grandson filed an Article 78 court appeal, claiming that NYCHA’s decision was unreasonable. The court ruled against the grandson, finding that he wasn’t an original family member of tenant’s apartment and therefore didn’t qualify for succession rights. Tenant’s 10 most recent annual income affidavits didn't list the grandson as an apartment occupant. Grandson claimed that tenant’s limited language ability prevented her from properly completing the income affidavit forms. But tenant completed and submitted the forms in English every year and listed several other individuals as apartment occupants in her final income affidavit.

Carmona v. NYCHA: 20 N.Y.S.3d 69, 2015 NY Slip Op 08775 (App. Div. 1 Dept; 12/1/15; Mazzarelli, JP, Moskowitz, Richter, Manzanet-Daniels, JJ)