Claimed Nontraditional Family Member Can't Get Section 8 Apartment

April 1, 2002

LVT Number: 15717

Landlord sued to evict Section 8 tenant's live-in home care attendant after tenant died. The home care attendant claimed that she had a personal relationship with tenant and was entitled to pass-on rights. The court and appeals court ruled against the attendant. The attendant was always identified on leases and annual income recertifications as a live-in attendant. No approval was requested or gotten for the attendant to live in the apartment as tenant's family member. And HUD policies don't recognize care attendants as family members for pass-on purposes.

Landlord sued to evict Section 8 tenant's live-in home care attendant after tenant died. The home care attendant claimed that she had a personal relationship with tenant and was entitled to pass-on rights. The court and appeals court ruled against the attendant. The attendant was always identified on leases and annual income recertifications as a live-in attendant. No approval was requested or gotten for the attendant to live in the apartment as tenant's family member. And HUD policies don't recognize care attendants as family members for pass-on purposes.

Davidson 1992 Assocs. v. Corbett: NYLJ, 3/1/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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