Deceased Tenant's Daughter Never Lived in Apartment

LVT Number: 6932

Landlord sued to evict Section 8 tenant's daughter after tenant died. The trial court ruled for landlord, and tenant appealed. The appeals court affirmed the lower court's finding that the daughter didn't live in the apartment at the time tenant died and had never lived there with landlord's permission. During the 19 months that she cared for tenant, tenant's daughter kept many of her furnishings and belongings in storage at her prior home, continued to look for alternative housing of her own, and didn't register as a household member on annual Section 8 recertification forms.

Landlord sued to evict Section 8 tenant's daughter after tenant died. The trial court ruled for landlord, and tenant appealed. The appeals court affirmed the lower court's finding that the daughter didn't live in the apartment at the time tenant died and had never lived there with landlord's permission. During the 19 months that she cared for tenant, tenant's daughter kept many of her furnishings and belongings in storage at her prior home, continued to look for alternative housing of her own, and didn't register as a household member on annual Section 8 recertification forms.

Rivlin Houses Associates v. Estate of Brown: NYLJ, p. 23, col. 1 (4/19/93) (App. T. 1 Dept.; Parness, JP; Miller, McCooe, JJ)