Wife Gets Section 8 Apartment After Husband Dies

March 31, 2010

LVT Number: #22555

Landlord sued to evict wife of project-based Section 8 tenant after tenant died. Landlord claimed that wife was a licensee. Tenant had died shortly after moving into the apartment. Landlord argued that the wife’s name wasn’t on the lease and there were no HUD recertification forms naming her as an apartment occupant. The wife claimed pass-on rights and asked the court to dismiss the case after a trial. The court ruled for the wife. The wife showed that she moved into the apartment with tenant. They shared a legitimate family unit.

Landlord sued to evict wife of project-based Section 8 tenant after tenant died. Landlord claimed that wife was a licensee. Tenant had died shortly after moving into the apartment. Landlord argued that the wife’s name wasn’t on the lease and there were no HUD recertification forms naming her as an apartment occupant. The wife claimed pass-on rights and asked the court to dismiss the case after a trial. The court ruled for the wife. The wife showed that she moved into the apartment with tenant. They shared a legitimate family unit. So she was entitled to remain in the apartment, even though HUD rules require remaining family members to be named on the lease.

Bronx 361 Realty LLC v. Quinones: NYLJ, 3/17/10, p. 26, col. 3 (Civ. Ct. Bronx; Madhavan, J)

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