Wife's Agreement to Move Out Vacated by Court

The wife of NYCHA tenant who died claimed that she had pass-on rights to the apartment. In 1998, NYCHA denied tenant's request for permission for his wife to live with him in the apartment based on a series of violent incidents between tenant and the wife. She moved into the apartment and remained there without NYCHA's permission anyway. After tenant died, NYCHA sent the wife a 10-day notice to quit. She signed a settlement agreement with NYCHA, withdrawing any administrative claim to the apartment and waiving her rights to further review. The wife later appealed to the court, seeking to vacate the agreement. The court ruled for the wife. The wife had no attorney and was given no due process through any kind of proceeding. There was no proof that the wife understood her rights or the terms of the settlement agreement.

Higgins v. NYCHA: Index No. 402288/10, NYLJ No. 1202487022741 (Sup. Ct. NY; 2/1/11; Mendez, J)