Tenant's Sister Gets Public Housing Apartment

February 1, 1996

LVT Number: 10329

Landlord NYCHA sued to evict tenant's sister after tenant moved out. The sister claimed she was a remaining family member with pass-on rights. NYCHA ruled against the sister, and she appealed. Both the court and appeals court ruled for sister. Landlord claimed that it was a violation of its regulations to let tenants double up with another family. Tenant's sister had her own children. So NYCHA never gave tenant written approval when her sister moved in with her. This was unreasonable.

Landlord NYCHA sued to evict tenant's sister after tenant moved out. The sister claimed she was a remaining family member with pass-on rights. NYCHA ruled against the sister, and she appealed. Both the court and appeals court ruled for sister. Landlord claimed that it was a violation of its regulations to let tenants double up with another family. Tenant's sister had her own children. So NYCHA never gave tenant written approval when her sister moved in with her. This was unreasonable. A family is defined in the regulations as persons living together who are related by blood, marriage, or adoption. So tenant's sister was a member of tenant's family.

Via v. Franco: NYLJ, p. 26, col. 2 (1/29/96) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Wallach, Kupferman, Ross, JJ)

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