Tenant's Son Can't Get Apartment

March 22, 2016

LVT Number: #26777

Tenant's grandson claimed succession rights to tenant's NYCHA apartment. NYCHA ruled against the grandson, who then filed an Article 78 appeal. NYCHA had ruled after a hearing that the grandson failed to prove that he lived in the apartment for a least one year before tenant died. The court ruled for the grandson and sent the case back for further fact-finding. Landlord appealed and won. The lower court erroneously found that the son’s due process rights were violated and that a new hearing should be held.

Tenant's grandson claimed succession rights to tenant's NYCHA apartment. NYCHA ruled against the grandson, who then filed an Article 78 appeal. NYCHA had ruled after a hearing that the grandson failed to prove that he lived in the apartment for a least one year before tenant died. The court ruled for the grandson and sent the case back for further fact-finding. Landlord appealed and won. The lower court erroneously found that the son’s due process rights were violated and that a new hearing should be held. The son was given a hearing at which he was able to testify and to present evidence. This met the requirements of due process and substantial fairness. Tenant never obtained landlord’s written consent for the son’s occupancy and didn’t mention him in her 2010 income affidavit. Tenant mentioned the son only on the affidavit filed five months before she died in 2011.

 

 
Ammar v. Olatoye: Index No. 100660/2014, NYLJ No. 1202750756755 (App. Div. 1 Dept.; 2/26/26; Mazzarelli, JP, Renwick, Manzanet-Daniels, Kapnick, JJ)

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