Tenant's Son Can't Get NYCHA Apartment

NYCHA tenant's son claimed succession rights after tenant died. NYCHA denied the son's request. The son filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against the son. In February 2012, tenant had asked NYCHA for permission to add her son to the household. The request was granted in March 2012, but tenant died in April 2012. NYCHA found that the son hadn't lived in the apartment for one year and therefore didn't qualify for succession rights. The son argued that because tenant had cancer she should get a disability accommodation retroactive to February 2011.  He said he was living there at that time. But NYCHA reasonably determined that the son didn't lawfully occupy tenant's apartment until he was granted permission to do so in March 2012. There also was no proof that tenant was unable, due to her disability, to request that her son be added to the household before she did so in February 2012. 

Diaz v. NYCHA: Index No. 100038/14, NYLJ No. 1202655814823 (Sup. Ct. NY; 4/17/14; Masley, J)