Wife Can't Get NYCHA Tenant's Apartment

June 7, 2012

LVT Number: #24135

Tenant's wife appealed NYCHA's decision denying her succession claim to tenant's apartment. The court ruled against tenant and denied her Article 78 petition. The wife never got written permission to live in the apartment with tenant and couldn't show that she was an authorized occupant for at least a year before tenant died. Tenant also didn't list his wife on annual income recertifications. The fact that the wife paid rent didn't make her a tenant.

Tenant's wife appealed NYCHA's decision denying her succession claim to tenant's apartment. The court ruled against tenant and denied her Article 78 petition. The wife never got written permission to live in the apartment with tenant and couldn't show that she was an authorized occupant for at least a year before tenant died. Tenant also didn't list his wife on annual income recertifications. The fact that the wife paid rent didn't make her a tenant.

Adler v. NYCHA: NYLJ, 5/24/12, p. 25, col. 3 (App. Div. 1 Dept.; Tom, JP, Sweeny, Renwick, Freedman, Abdus-Salaam, JJ)

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