Deceased Tenant's Wife, Who Wasn't Elderly, Couldn't Remain in HUD Section 202 Housing

November 27, 2018

LVT Number: #29784

Landlord sued to evict the wife of deceased tenant in HUD-subsidized Section 202 housing. The housing project provided supportive housing for the elderly, aged 62 years or older. The wife moved into the apartment with tenant in 2004 and had lived there for 14 years. When tenant died in 2013, the wife was 55 years old and was now 60. Landlord claimed that the wife couldn't remain in the apartment because she wasn't elderly. Tenant argued that landlord had created a tenancy for her by waiver.

Landlord sued to evict the wife of deceased tenant in HUD-subsidized Section 202 housing. The housing project provided supportive housing for the elderly, aged 62 years or older. The wife moved into the apartment with tenant in 2004 and had lived there for 14 years. When tenant died in 2013, the wife was 55 years old and was now 60. Landlord claimed that the wife couldn't remain in the apartment because she wasn't elderly. Tenant argued that landlord had created a tenancy for her by waiver. But the building's designation by statute as housing for the elderly wasn't subject to waiver. 

Eugene Smilovic HDFC v. Lee: 2018 NY Slip Op 51534(U) (Civ. Ct. NY; 10/25/18; Bacdayan, J)

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