Matter of Engram v. NYC Housing Authority

NEW YORK COUNTY
Landlord/Tenant Law

New York Law Journal

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Justice Alice Schlesinger

Engram sought to succeed to his mother's tenancy in a public housing development after her 2010 death. He claimed his mother intended to add him to the lease, and that he qualified for a lease in his own name as a tenant of record's remaining family member. Engram challenged the dismissal of his grievance by a hearing officer of New York City's Housing Authority. The officer noted that in addition to not qualifying as a remaining family member, Engram did not meet the prerequisite of the current payment of use and occupancy. Also, the officer stated Engram was ineligible to reside in public housing due to his prior convictions. The court found the hearing officer properly dismissed Engram's remaining family member grievance as use and occupancy were outstanding, despite repeated opportunities given to Engram to become current. Further, it stated the record revealed Engram had little likelihood of success in obtaining a lease as a remaining family members as he did not co-occupy the unit with his mother for at least one year before her death, but also because of his recent criminal convictions, rendering him ineligible for public housing. Thus, the action was denied.

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