Tenant's Son Convicted of Subway Fare Evasion

Facts: Public housing tenant's son applied for permission to remain in an apartment as a family member after tenant died. Landlord housing authority ruled that tenant's son was ineligible for pass-on rights because he had been convicted of subway fare evasion several times. Tenant's son appealed, claiming that he was entitled to pass-on rights because he was a family member who had lived in the apartment with the tenant and that his criminal conviction for subway fare evasion wasn't relevant. Court: Tenant's son wins. Federal law governing public housing bars landlord from considering factors other than whether the remaining family member claiming pass-on rights was part of the deceased tenant's family. Landlord can't impose eligibility criteria that are more restrictive than the federal law allows. So landlord used the wrong standard in rejecting tenant's son's claim for pass-on rights.

Faison v. NYCHA: NYLJ, 4/28/00, p. 26, col. 5 (Sup. Ct. NY; Goodman, J)