Daughter Lived with Tenant for Two Years

February 1, 2006

LVT Number: 18628

Landlord sued to evict tenant's daughter after tenant of project-based, Section 8 apartment died. The court ruled for landlord. Although daughter showed that she lived in the apartment with tenant for at least two years before tenant died, tenant never listed daughter as a household member on annual income recertification forms. Daughter appealed and won. Tenant's failure to list daughter on annual recertification forms wasn't fatal to daughter's pass-on rights claim.

Landlord sued to evict tenant's daughter after tenant of project-based, Section 8 apartment died. The court ruled for landlord. Although daughter showed that she lived in the apartment with tenant for at least two years before tenant died, tenant never listed daughter as a household member on annual income recertification forms. Daughter appealed and won. Tenant's failure to list daughter on annual recertification forms wasn't fatal to daughter's pass-on rights claim.

Amsterdam Ave. Housing Assocs., v. Estate of Wells: NYLJ, 1/31/06, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Gangel-Jacob, JJ)

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