Tenant's Wife Seeks NYCHA Apartment

NYCHA tenant's widow filed an Article 78 appeal of NYCHA's decision denying her request to remain in tenant's apartment as a remaining family member. The court ruled for the widow. Tenant moved into the apartment in 1993. Although he had married his wife in 1975, he was separated from her by 1993, and she did not move in with him. Their daughter did live with tenant, and the wife visited the apartment regularly. In later years, tenant listed only himself on annual income recertifications. The wife moved in with tenant in March 2009, and he died 15 months later. Tenant and his wife never applied to NYCHA for permission for her to join the household. After a hearing, NYCHA denied the wife's request to remain because she never obtained permission to join the household. The court found that NYCHA's decision was arbitrary and capricious, and denied the wife due process. There was no question that the wife lived with tenant for at least 12 months before he died. NYCHA was aware of her occupancy and made no objection. It also was known at the time of NYCHA's hearing that the wife was elderly and had some mental disability. NYCHA's decision was revoked, and the matter sent back to NYCHA for a new hearing.

Russo v. NYCHA: 2014 NY Slip Op 24137, 2014 WL 2437669 (Sup. Ct. NY; 5/19/14; Schlesinger, J)