Tenant's Husband Claims Succession Rights

September 24, 2015

LVT Number: #26528

Landlord sued to evict apartment occupant after tenant died and asked the court to rule without a trial, claiming that there was no question of fact. Occupant claimed that he was tenant’s husband, had succession rights, and wasn’t given a Remaining Family Member grievance hearing. Tenant had asked landlord for permission to add occupant to the household, which was approved a month before tenant died. Landlord later told occupant he was mistakenly told he could become head of household and sign a lease.

Landlord sued to evict apartment occupant after tenant died and asked the court to rule without a trial, claiming that there was no question of fact. Occupant claimed that he was tenant’s husband, had succession rights, and wasn’t given a Remaining Family Member grievance hearing. Tenant had asked landlord for permission to add occupant to the household, which was approved a month before tenant died. Landlord later told occupant he was mistakenly told he could become head of household and sign a lease. Landlord denied occupant’s RFM grievance without further right to appeal. The court ruled that since NYCHA didn’t give occupant a formal hearing on his succession claim, there were questions of fact that required a trial.

 

 

 

 

NYCHA Adams Houses v. Mordan: Index No. 800366/2014, NYLJ No. 1202734993686 (Civ. Ct. Bronx; 7/28/15; Rodriguez, J)

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