Tenant's Son Gets HUD Section 8 Apartment

April 20, 2015

LVT Number: #26094

Landlord sued to evict tenant's son from HUD project-based Section 8 apartment after tenant died. The son claimed succession rights, and the court ruled in his favor. The son, his sister, and a neighbor all testified credibly that the son lived in the apartment with tenant except for a brief period in 2012. The fact that tenant didn't include the son's name on recertification or family composition documents didn't bar his succession claim. And federal law didn't require a minimum period of co-occupancy to establish legitimate occupancy by the son.

Landlord sued to evict tenant's son from HUD project-based Section 8 apartment after tenant died. The son claimed succession rights, and the court ruled in his favor. The son, his sister, and a neighbor all testified credibly that the son lived in the apartment with tenant except for a brief period in 2012. The fact that tenant didn't include the son's name on recertification or family composition documents didn't bar his succession claim. And federal law didn't require a minimum period of co-occupancy to establish legitimate occupancy by the son.

24 BCH II Housing Development Fund Co., Inc. v. Lagoa: Index No. L&T41100/14, NYLJ No. 1202721318812 (Civ. Ct. Bronx; 3/3/15; Stanley, J)

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