Adopted Children of Section 8 Tenant Get Pass-On Rights

May 31, 2000

LVT Number: 14145

Landlord sued to evict apartment occupants after Section 8 tenant died. The occupants claimed they were tenant's adopted children and were entitled to pass-on rights. Landlord claimed that tenant had listed them on her annual recertification form only as foster children. The court ruled against landlord. Despite tenant's error, the children showed that they had lived in the apartment for more than 10 years with tenant as a family unit. So they were entitled to pass-on rights.

Landlord sued to evict apartment occupants after Section 8 tenant died. The occupants claimed they were tenant's adopted children and were entitled to pass-on rights. Landlord claimed that tenant had listed them on her annual recertification form only as foster children. The court ruled against landlord. Despite tenant's error, the children showed that they had lived in the apartment for more than 10 years with tenant as a family unit. So they were entitled to pass-on rights. The children's guardian could also remain in the apartment to continue his duties, even though he wasn't a family member.

Tri-Block Assocs. v. Reid: NYLJ, 5/3/00, p. 30, col. 6 (Civ. Ct. Kings; Marton, J)

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