Unauthorized Occupant Ineligible for NYCHA Housing

NYCHA denied prospective tenant's application for housing, finding that she was ineligible for five years. Applicant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court and appeals court ruled against applicant. NYCHA had started an eviction case against applicant in 2001 when she held over in her sister's apartment as an unauthorized occupant after tenant moved out. The fact that a judge in the eviction case told applicant that she should seek an apartment in her own name didn't obligate NYCHA to accept her as a tenant since she had no clear right to tenancy. And even if applicant occasionally paid tenant's rent while she lived in her sister's apartment, that didn't make her an authorized tenant.

Muhammad v. NYCHA: Index No. 401936/09 (App. Div. 1 Dept.; 2/17/11; Mazzarelli, JP, Andrias, Moskowitz, Richter, Manzanet-Daniels, JJ)