Tenant's Son Can't Get Public Housing Apartment

April 30, 2008

LVT Number: #20390

Public housing tenant's son claimed pass-on rights to tenant's apartment after tenant died. NYCHA ruled that the son wasn't entitled to pass-on rights. The son appealed and lost. The son admitted that he never obtained the required written permission from NYCHA to live in the apartment. And for several years before he died, tenant listed himself as the sole apartment occupant in annual income certifications submitted to NYCHA. There also was no proof that NYCHA knew that tenant's son had moved into the apartment.

Public housing tenant's son claimed pass-on rights to tenant's apartment after tenant died. NYCHA ruled that the son wasn't entitled to pass-on rights. The son appealed and lost. The son admitted that he never obtained the required written permission from NYCHA to live in the apartment. And for several years before he died, tenant listed himself as the sole apartment occupant in annual income certifications submitted to NYCHA. There also was no proof that NYCHA knew that tenant's son had moved into the apartment.

Johnson v. NYCHA: NYLJ, 4/17/08, p. 37, col. 4 (App. Div. 1 Dept.; Lippman, PJ, Tom, Williams, Acosta, JJ)

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