Tenant's Son Can't Get NYCHA Apartment

November 16, 2012

LVT Number: #24445

NYCHA denied the request by tenant's son for succession rights after tenant died in 2009. The son filled an Article 78 court appeal. The court and appeals court ruled against the son. Tenant's son didn't qualify as a remaining family member because he didn't become an authorized occupant of the apartment before tenant died. In addition, NYCHA didn't implicitly approve of the son's occupancy by accepting rent. And the son's age, declining health, and lack of other housing options couldn't be considered.

NYCHA denied the request by tenant's son for succession rights after tenant died in 2009. The son filled an Article 78 court appeal. The court and appeals court ruled against the son. Tenant's son didn't qualify as a remaining family member because he didn't become an authorized occupant of the apartment before tenant died. In addition, NYCHA didn't implicitly approve of the son's occupancy by accepting rent. And the son's age, declining health, and lack of other housing options couldn't be considered.

Fung v. NYCHA: NYLJ, 10/12/12, p. 24, col. 3 (App. Div. 1 Dept.; Andrias, JP, Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ)

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