Nephew Can't Get Section 8 Apartment

Landlord sued to evict Section 8 tenant's nephew after tenant moved out of the apartment. The building was a project-based Section 8 building. The nephew claimed that he lived in the apartment for four years with tenant before she moved out, and so, was entitled to pass-on rights. Landlord pointed out that tenant never listed her nephew on her annual occupancy and income certification and denied that he lived there. The court ruled for landlord. To allow the nephew to remain in the apartment at market rent without any claim to the subsidy would effectively remove the apartment from the Section 8 program. And, since tenant never claimed that the nephew was an occupant, allowing him to stay would open the door to possibly fraudulent claims.

Sunset Hous. Assoc. v. Caban: NYLJ, 11/28/01, p. 27, col. 6 (Civ. Ct. Kings; Marton, J)