Tenant's Son Gets Apartment in Senior Building

April 1, 2005

LVT Number: 18001

Landlord of federally subsidized Section 202 housing project sued to evict tenant's son after tenant died. Landlord argued that this housing was intended for elderly tenants only. Tenant's son claimed pass-on rights. The court ruled for tenant's son. Landlord appealed and lost. Tenant had moved into the apartment in 1987. Her son moved in with her to provide medical care, with landlord's consent, in 1994. Tenant died in 2004. Landlord claimed that federal law, as amended in 1990, applied to the case. But the court found that prior law applied.

Landlord of federally subsidized Section 202 housing project sued to evict tenant's son after tenant died. Landlord argued that this housing was intended for elderly tenants only. Tenant's son claimed pass-on rights. The court ruled for tenant's son. Landlord appealed and lost. Tenant had moved into the apartment in 1987. Her son moved in with her to provide medical care, with landlord's consent, in 1994. Tenant died in 2004. Landlord claimed that federal law, as amended in 1990, applied to the case. But the court found that prior law applied. The prior law defined ''elderly family'' to include elderly tenant and any surviving family members who lived with tenant at the time of death. So tenant's son was qualified to remain in the apartment.

Windmill Housing Dev. Fund Co., Inc. v. Winchell: NYLJ, 3/11/05, p. 32, col. 1 (App. Div. 2 Dept.; Fiorio, JP, Cozier, Rivera, Skelos, JJ)

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