Tenant's Goddaughter Can't Claim Unlawful Eviction

August 31, 2002

LVT Number: 16046

Facts: Landlord sued to evict tenant from low-income housing for a lease violation because she had an additional person living in the apartment with her and her son. Tenant and her goddaughter then sued landlord. They claimed wrongful eviction based on family status discrimination under the Fair Housing Act. Court: Tenant loses. Tenant's goddaughter can't claim unlawful eviction. Landlord never consented to her occupancy in the apartment. And she had been removed from tenant's apartment by a charitable agency, so there could no longer be an eviction claim.

Facts: Landlord sued to evict tenant from low-income housing for a lease violation because she had an additional person living in the apartment with her and her son. Tenant and her goddaughter then sued landlord. They claimed wrongful eviction based on family status discrimination under the Fair Housing Act. Court: Tenant loses. Tenant's goddaughter can't claim unlawful eviction. Landlord never consented to her occupancy in the apartment. And she had been removed from tenant's apartment by a charitable agency, so there could no longer be an eviction claim.

Andujar v. Hewitt: NYLJ, 8/9/02, p. 24, col. 2 (S.D.N.Y.; Scheindlin, J)

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