Tenant's Wife Can't Get NYCHA Apartment

December 1, 2011

LVT Number: #23765

NYCHA tenant's wife claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the wife, who appealed, claiming that NYCHA's decision was unreasonable. The court ruled against the wife. Tenant never received written permission from NYCHA for the wife to live in the apartment, and she wasn't an authorized occupant during the one-year period before tenant died. The wife claimed that tenant asked NYCHA for help in adding her to his household. But there was no proof of this claim.

NYCHA tenant's wife claimed succession rights to tenant's apartment after tenant died. NYCHA ruled against the wife, who appealed, claiming that NYCHA's decision was unreasonable. The court ruled against the wife. Tenant never received written permission from NYCHA for the wife to live in the apartment, and she wasn't an authorized occupant during the one-year period before tenant died. The wife claimed that tenant asked NYCHA for help in adding her to his household. But there was no proof of this claim. And NYCHA can't be stopped from denying remaining family member status even if it knew she lived in the apartment or didn't assist tenant with necessary forms.

Rosello v. Rhea: NYLJ, 11/8/11, p. 24, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Acosta, DeGrasse, Manzanet-Daniels, JJ)

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