Tenant's Son Gets Pass-On Rights to Public Housing Apartment
LVT Number: 11661
Facts: Landlord, NYCHA, held a hearing after tenant died and decided that tenant's son didn't have pass-on rights to the apartment. Tenant hadn't listed her son on her affidavit of income for the years 1989 to 1992. Tenant's son appealed. He'd lived with tenant when she first moved into the apartment and was listed in her original income certificate. The son had moved out for a while but later moved back in with tenant. He claimed it wasn't necessary for tenant to list him again on the annual income affidavits. Court: Tenant's son wins. Tenant's son was an original member of tenant's household. Instructions on the annual income affidavit form are unclear, and tenant could reasonably have believed it was unnecessary to list son because he wasn't a new addition to the household. Tenant's son proved that landlord otherwise knew he was living in the apartment for several years before tenant died.
In Re Lopez v. NYCHA: NYLJ, p. 22, col. 3 (7/16/97) (Sup. Ct. NY; Goodman, J)