Tenant's Son Can't Get NYCHA Apartment

June 30, 2009

LVT Number: #21293

NYCHA tenant’s son claimed he had succession rights to the apartment after tenant died. NYCHA held a hearing and ruled against the son. He filed an Article 78 court petition, claiming that NYCHA’s decision wasn’t based on substantial evidence. The court and appeals court ruled against tenant’s son. The record showed that tenant’s son didn’t get the required written consent from landlord to be added as a permanent resident to tenant’s household, and didn’t thereafter continuously live in the apartment for at least a year before tenant died.

NYCHA tenant’s son claimed he had succession rights to the apartment after tenant died. NYCHA held a hearing and ruled against the son. He filed an Article 78 court petition, claiming that NYCHA’s decision wasn’t based on substantial evidence. The court and appeals court ruled against tenant’s son. The record showed that tenant’s son didn’t get the required written consent from landlord to be added as a permanent resident to tenant’s household, and didn’t thereafter continuously live in the apartment for at least a year before tenant died.

Roman v. NYCHA: NYLJ, 6/16/09, p. 40, col. 1 (Miller, JP, Angiolillo, Eng, Austin, JJ)

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