Tenant's Mother Can't Get NYCHA Apartment

Tenant asked landlord NYCHA to permit her mother to succeed to tenant's Section 8 rent subsidy. NYCHA ruled against tenant, who then filed an Article 78 court petition. Tenant claimed that NYCHA's decision was unreasonable. Tenant's mother was a former apartment occupant who moved out in 2010 due to her incarceration. Tenant herself moved out in 2011. While tenant's Article 78 appeal was pending there was another pending NYCHA proceeding to terminate tenant's Section 8 subsidy due to her failure to occupy the apartment and to comply with annual recertification requirements. The court ruled against tenant. NYCHA's decision that tenant's mother had no succession rights was reasonable. At the time tenant moved out in September 2011, her mother wasn't an authorized household member. It was undisputed that the mother never received NYCHA's permission to live in the apartment. NYCHA also rationally denied tenant's request to add her mother to the household given her criminal background. 

Jones v. NYCHA: Index No. 401271/13, NYLJ 1202645802747 (Sup. Ct. NY; 2/4/14; Kern, J)