Tenant's Son Can't Get NYCHA Apartment

December 15, 2015

LVT Number: #26654

Tenant’s son requested succession rights to a NYCHA apartment after tenant died. NYCHA ruled against the son, who appealed and lost. NYCHA reasonably found that the son wasn’t a remaining family member under NYCHA rules. There was substantial evidence that the son had lived continuously in the apartment with tenant for less than one year before tenant died. He also never got NYCHA permission for permanent residency. 

 

 

 

Tenant’s son requested succession rights to a NYCHA apartment after tenant died. NYCHA ruled against the son, who appealed and lost. NYCHA reasonably found that the son wasn’t a remaining family member under NYCHA rules. There was substantial evidence that the son had lived continuously in the apartment with tenant for less than one year before tenant died. He also never got NYCHA permission for permanent residency. 

 

 

 
Banks v. Rhea: 2015 NY Slip Op 08406, 2015 WL 7269346 (App. Div. 2 Dept.; 11/18/15; Dillon, JP, Miller, Duffy, LaSalle, JJ)

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