Tenant's Niece Gets Section 8 Apartment

LVT Number: 10997

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant's niece appeared in court and claimed pass-on rights to the apartment. Tenant had left the apartment in October 1994 and hadn't returned. Landlord claimed that tenant's niece wasn't listed on tenant's annual Section 8 recertification. The niece claimed that tenant tried to list her but that landlord's management office wouldn't permit tenant to do so. The court ruled for tenant's niece, who presented believable proof that she'd lived in the apartment as her primary residence with tenant for five years.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant's niece appeared in court and claimed pass-on rights to the apartment. Tenant had left the apartment in October 1994 and hadn't returned. Landlord claimed that tenant's niece wasn't listed on tenant's annual Section 8 recertification. The niece claimed that tenant tried to list her but that landlord's management office wouldn't permit tenant to do so. The court ruled for tenant's niece, who presented believable proof that she'd lived in the apartment as her primary residence with tenant for five years. Tenant's failure to list the niece on the apartment recertification forms, in and of itself, didn't bar niece from pass-on rights to the apartment.

Tri-Block Assocs. v. Cardona: NYLJ, p. 27, col. 1 (10/2/96) (Civ. Ct. Kings; Rodriguez, J)