RELATIVES

Granddaughter Can't Get NYCHA Apartment

May 15, 2013    

NYCHA tenant's granddaughter claimed succession rights after tenant died in April 2010. NYCHA ruled against the granddaughter, who then filed an Article 78 court appeal. She claimed that NYCHA's decision was...

Tenant Can't Be Sued for Nonpayment During Time He Had No Lease

May 15, 2013    

Rent-stabilized tenant died in November 2011. Her son claimed succession rights and in December submitted to landlord documentation of his residence in the apartment, along with a rent check. Landlord rejected...

NYCHA Tenant's Son Can't Succeed to Section 8 Subsidy

May 13, 2013    

The son of deceased Mitchell-Lama housing tenant sought pass-on rights to tenant's Section 8 rent subsidy voucher after tenant died. NYCHA denied the son's request. The son then sued NYCHA, HPD, and landlord...

NYCHA Never Advised Tenant of Objection to Son

May 13, 2013    

NYCHA denied the request of deceased tenant's son for a lease based on succession rights. NYCHA ruled against the son, finding him ineligible for his own lease. The son appealed and won, in part. Tenant had lived...

DHCR Can't Reopen Succession Claim

April 16, 2013    

A family member claimed succession rights and complained to the DHCR that landlord refused to give her a renewal lease after rent-stabilized tenant died. The DRA ruled against the family member, who appealed and lost...

Tenant's Son Can't Get Rent-Stabilized Apartment

April 15, 2013    

Landlord, a cooperative shareholder, sued to evict rent-stabilized tenant's son after tenant died. Tenant claimed pass-on rights. The court ruled for landlord. The son appealed and lost. Tenant, who was elderly,...

Tenant's Son Can't Get Mitchell-Lama Apartment

April 12, 2013    

Tenant's son claimed succession rights to Mitchell-Lama apartment after tenant moved out in December 2004. HPD ruled against the son because he didn't appear on tenant's income affidavit for the...

Mitchell-Lama Tenant's Daughter Can't Get Apartment

April 11, 2013    

Mitchell-Lama tenant's daughter and grandson filed an Article 78 court appeal of HPD's decision denying their application for succession rights after tenant died in 2011.  HPD had found that...

Tenant's Son and Daughter-in-Law Can't Get Apartment

March 14, 2013    

(Decision submitted by David Berger of the Brooklyn law firm of Tenenbaum Berger & Shivers LLP, attorneys for the landlord.)

Tenant's Sister Was in Occupancy Since Inception of Tenancy

March 14, 2013    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's sister claimed that, even if tenant no longer primarily resided in the apartment, she had succession rights because she had lived...

Daughter Gets Rent-Stabilized Apartment

March 13, 2013    

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to renew the lease in her name after tenant moved out of the apartment. The daughter claimed that she lived with tenant in the...

Tenant's Daughter Gets Rent-Stabilized Apartment

March 12, 2013    

Rent-stabilized tenant's daughter complained to the DHCR that landlord refused to give her a renewal lease in her own name after tenant died in November 2011. The DRA ruled for the daughter and ordered landlord...