Tenant's Son Can't Get NYCHA Apartment

March 31, 2011

LVT Number: #23286

NYCHA denied the request of tenant's son to remain in her apartment after tenant died. He appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the son. In 2009, tenant asked NYCHA to let the son permanently join the household. But she died a month later. NYCHA rules were amended in 2003 to require both written permission and occupancy in the apartment for at least a year before tenant's death or move-out before a family member could claim succession rights. Tenant's son didn't qualify, and NYCHA's decision was reasonable.

NYCHA denied the request of tenant's son to remain in her apartment after tenant died. He appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the son. In 2009, tenant asked NYCHA to let the son permanently join the household. But she died a month later. NYCHA rules were amended in 2003 to require both written permission and occupancy in the apartment for at least a year before tenant's death or move-out before a family member could claim succession rights. Tenant's son didn't qualify, and NYCHA's decision was reasonable.

Durante v. NYCHA: Index No. 402678/10, NYLJ No. 1202487888040 (Sup. Ct. NY; Singh, J)

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