Tenant's Son Can't Get NYCHA Apartment

NYCHA tenant’s son filed a remaining family member grievance after NYCHA refused to pass the apartment on to him following tenant’s death. NYCHA found that the son was ineligible due to a past criminal conviction, as well as other charges and convictions. NYCHA did grant the son a hearing, but he failed to appear because he was in jail. NYCHA then ruled against the son on default. The son filed an Article 78 court appeal of NYCHA’s decision 18 months later. The court ruled against the son. First, the son waited too long as his appeal was due within four months after NYCHA’s decision. And, even if his claim was considered, the son’s past criminal convictions made him ineligible to take over the apartment.

Brown v. NYCHA: Index No. 400362/2012, NYLJ No. 1202568127426 (Sup. Ct. NY; 7/30/12; Schlesinger, J)