Tenant's Son Not Listed on Household Occupant Statement Tenant

January 1, 1994

LVT Number: 8447

Landlord New York City Housing Authority sued to evict tenant's son after tenant died. Son claimed he'd lived in the apartment with tenant for three years before she died. The trial court ruled for landlord because tenant didn't list son on her annual statements of household composition and income. Son appealed, and the appeals court sent the case back for a new trial. While tenant's household occupant statement was a factor to consider, it wasn't the only factor. The court must consider whether landlord was on notice of or had approved son's supposed occupancy.

Landlord New York City Housing Authority sued to evict tenant's son after tenant died. Son claimed he'd lived in the apartment with tenant for three years before she died. The trial court ruled for landlord because tenant didn't list son on her annual statements of household composition and income. Son appealed, and the appeals court sent the case back for a new trial. While tenant's household occupant statement was a factor to consider, it wasn't the only factor. The court must consider whether landlord was on notice of or had approved son's supposed occupancy. For example, landlord had sent son a late rent notice demanding payment of use and occupancy.

New York City Housing Authority v. Galan: NYLJ, p. 22, col. 2 (12/22/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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