Tenant's Son Moved Out in 1993

December 1, 2009

LVT Number: #22290

Public housing tenant’s son claimed pass-on rights to tenant’s apartment. NYCHA ruled against the son after a hearing. The son appealed the decision and lost. NYCHA’s decision was supported by substantial evidence. Although he originally moved into the apartment as part of tenant’s household, the son had moved out in 1993. After that he wasn’t included in tenant’s annual income reports. Also, in 2003, he had asked permission to rejoin the household. At the time, he stated he was living somewhere else. NYCHA denied that request, and he never appealed the decision.

Public housing tenant’s son claimed pass-on rights to tenant’s apartment. NYCHA ruled against the son after a hearing. The son appealed the decision and lost. NYCHA’s decision was supported by substantial evidence. Although he originally moved into the apartment as part of tenant’s household, the son had moved out in 1993. After that he wasn’t included in tenant’s annual income reports. Also, in 2003, he had asked permission to rejoin the household. At the time, he stated he was living somewhere else. NYCHA denied that request, and he never appealed the decision. Tenant’s son had no right to remain in the apartment.

Fermin v. NYCHA: NYLJ, 11/9/09, p. 27, col. 3 (App. Div. 1 Dept.; Sweeny, JP, Buckley, Catterson, Acosta, Freedman, JJ)

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