Tenant's Widow Didn't Get Fair Hearing on Succession Claim

NYCHA tenant’s 72-year-old widow claimed succession rights to tenant’s apartment after tenant died in 2010. NYCHA held a hearing and ruled against the wife because tenant had failed to list her on an annual statement of family members living in the apartment. The wife had lived apart from tenant for years and was repeatedly hospitalized for bipolar disorder, schizophrenia, and depression. But she moved back into tenant’s apartment to care for him after he was treated for brain cancer. The wife was represented at the NYCHA hearing by a guardian ad litem (GAL), who didn't know whether the wife had moved back into the apartment at least a year before tenant died. She didn't have an attorney at the NYCHA hearing. The wife, now represented by an attorney, filed an Article 78 appeal of NYCHA’s decision. The court and appeals court ruled for the wife, finding that she was deprived of a fair hearing and therefore denied due process. The appointed GAL didn’t understand the issues of the case and testified on the wife’s behalf despite his lack of knowledge of relevant facts. The case was sent back to NYCHA for a new hearing. 

Russo v. NYCHA: Index No. 402269/12, NYLJ No. 1202727529147 (App. Div. 1 Dept.; 5/21/15; Friedman, JP, Saxe, Manzanet-Daniels, Feinman, Gische, JJ)