Occupant Wasn't Nontraditional Family Member of Section 8 Tenant

LVT Number: 16989

Landlord of a project-based Section 8 building sued to evict occupant after tenant moved out. Occupant claimed that he was a nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Occupant offered no proof of intermingling of finances, legal obligations, family activities, or other acts indicating a family relationship. Occupant claimed that he was tenant's boyfriend. But a long-term, intimate relationship with tenant didn't create a family relationship for purposes of passing on an apartment.

Landlord of a project-based Section 8 building sued to evict occupant after tenant moved out. Occupant claimed that he was a nontraditional family member entitled to pass-on rights. The court ruled for landlord. Occupant appealed and lost. Occupant offered no proof of intermingling of finances, legal obligations, family activities, or other acts indicating a family relationship. Occupant claimed that he was tenant's boyfriend. But a long-term, intimate relationship with tenant didn't create a family relationship for purposes of passing on an apartment.

1041 Bushwick Ave. Assocs. v. Soriano: NYLJ, 11/26/03, p. 36, col. 5 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)