Tenant's Niece Can't Get NYCHA Apartment

July 15, 2016

LVT Number: #27072

NYCHA tenant’s niece filed an Article 78 appeal of landlord NYCHA’s denial of her request to take over the apartment as a remaining family member after tenant died. The court ruled against the niece. There was substantial evidence that, even if tenant submitted requests to add the niece to his household, these requests were never granted by landlord. The niece’s residency and income were never reflected on tenant’s income recertification statements. So NYCHA properly denied any succession rights claim.

 

 

 

NYCHA tenant’s niece filed an Article 78 appeal of landlord NYCHA’s denial of her request to take over the apartment as a remaining family member after tenant died. The court ruled against the niece. There was substantial evidence that, even if tenant submitted requests to add the niece to his household, these requests were never granted by landlord. The niece’s residency and income were never reflected on tenant’s income recertification statements. So NYCHA properly denied any succession rights claim.

 

 

 

McBride v. NYCHA: 31 N.Y.S.3d 505, 2016 NY Slip Op 04312 (App. Div. 1 Dept.; 6/2/16; Acosta, JP, Saxe, Gische, Webber, Kahn, JJ)

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