Tenant's Son Can't Get NYCHA Apartment

February 8, 2013

LVT Number: #24617

NYCHA tenant's son asked to succeed as tenant after tenant died. NYCHA denied the son's request and denied his grievance after a hearing. The son then filed an Article 78 court appeal of NYCHA's decision. The court ruled against the son. Tenant's son never got permission from NYCHA for permanent occupancy and therefore never became a permanent member of tenant's household. So the son couldn't take over the apartment as a remaining family member after tenant died.

NYCHA tenant's son asked to succeed as tenant after tenant died. NYCHA denied the son's request and denied his grievance after a hearing. The son then filed an Article 78 court appeal of NYCHA's decision. The court ruled against the son. Tenant's son never got permission from NYCHA for permanent occupancy and therefore never became a permanent member of tenant's household. So the son couldn't take over the apartment as a remaining family member after tenant died.

Whitehead v. NYCHA: 2013 NY Slip Op 00495, 2013 WL 361621 (App. Div. 2 Dept.; 1/30/13; Dngiolillo, JP, Leventhal, Lott, Austin, JJ)

Topics

More like this