Legal Question in Landlord & Tenant Law in New York

Remaining Family Rights/ Succession Rights

I've been living in NYCHA for over 24 years with my mother and our family. 5 months ago my mom passed away, leaving me and my sister and brother remaining in the apt. I went to the NYCHA Management office and submitted a request for Remaining Family Rights/Succession Rights. Subsequently my claim was denied b/c 3 years ago I made the mistake of getting a misdeamenor on my criminal record. It was my first offense, it was neither, violent in nature, drug related nor was it felonious. I've already paid for my mistake and it is now over. Can I literally be evicted from the apartment b/c of this. I am currently working as a paralegal, and am getting a great salary. I am sole provider/protector of my family. I have no outstanding issues with regards to my tenancy nor have I ever had problems with payment of rent. I know that there is a criteria that must be met in order to obtain succession rights and prior criminal background wasn't one of them. Any assistance you can provide will be greatly appreciated. Can this matter be handled without going to court?


Asked on 11/24/03, 12:31 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Remaining Family Rights/ Succession Rights

I am sorry for your loss.

This is a difficult situation. There is a 'grievence procedure' pursued through the NYCHA and I urge you to apply. After they deny you grievence is the time to seek a lawyer.

This problem can be attacked in different ways. First (as you would have done had you consulted a lawyer before making your application) is to vacate the criminal conviction. It is easier to 'seal' the conviction than to vacate it (this is why it is good to talk with a lawyer before talking to the government), but it should be tried .

Even if you cannot 'vacate' the criminal conviction, you can still 'seal' it. This is a start.

The nature of you conviction is, as you indicate, relevent and is not a complete bar to your application. This is something you should pursue.

In the interim, make an application for just your brother and sister to continue living there.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/24/03, 12:50 pm


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