Tenants' Son Can't Claim Remaining Family Member Status

Tenants’ first son lived in the eight-room apartment with tenants from 1957 to 1978, then moved out. In 1998, tenants moved out and their second son was granted succession rights. The first son also had moved back into the apartment in 1994, but remained an unauthorized occupant. In 2004, landlord moved second son to a different one-bedroom apartment. First son remained in the original apartment and requested remaining family member status. Landlord NYCHA denied his request and sued to evict him as a licensee. The court appointed a guardian ad litem (GAL) for the son. Landlord claimed that there was no question of fact and asked the court to rule without a trial. The court ruled for landlord. The son asked the court to vacate the judgment and eviction warrant, claiming that his GAL didn’t submit written opposition papers to landlord’s motion.

The court ruled against the son. Since the son had no attorney, written opposition papers weren’t required. He and the GAL had a full and fair opportunity to respond orally in court. Landlord showed that the first son wasn’t an authorized member of tenants’ household and couldn’t claim the benefits of remaining family member status.

NYCHA v. Richardson: NYLJ, 4/14/10, p. 26, col. 3 (Civ. Ct. NY; Lebovits, J)