Wife Can't Get Tenant's NYCHA Apartment

Wife of deceased NYCHA tenant asked landlord for a lease in her own name after tenant died. She claimed that she was a remaining family member. NYCHA ruled against the wife. She appealed, arguing that the decision was arbitrary and unreasonable. The court ruled against tenant’s wife. For one thing, the wife's appeal may have been untimely. However, the court didn’t have to decide that question since NYCHA’s decision was reasonable. Tenant’s wife had to prove co-occupancy with tenant for at least one year with NYCHA’s knowledge and approval. But at the hearing, it was only proved that the wife’s deaf and disabled daughter and two granddaughters lived there for the required time period.

Nunez v. NYCHA: NYLJ, 5/26/10, p. 27, col. 1 (Sup. Ct. NY; Schlesinger, J)