Ex-Husband of Section 8 Tenant Can't Get Apartment

November 1, 1993

LVT Number: 8288

Landlord sued to evict tenant's ex-husband after tenant died. Husband claimed he was remaining family member entitled to take over a Section 8 apartment. But, when tenant had moved into the apartment 10 years earlier, she stated on her application that she was separated from her husband. Tenant had never listed husband as an occupant on her annual eligibility certification forms. Landlord's building manager also testified in court that he'd never seen the husband at the apartment until about the time of tenant's death. The court found husband's own statements weren't believable.

Landlord sued to evict tenant's ex-husband after tenant died. Husband claimed he was remaining family member entitled to take over a Section 8 apartment. But, when tenant had moved into the apartment 10 years earlier, she stated on her application that she was separated from her husband. Tenant had never listed husband as an occupant on her annual eligibility certification forms. Landlord's building manager also testified in court that he'd never seen the husband at the apartment until about the time of tenant's death. The court found husband's own statements weren't believable. The trial court ruled for landlord, and husband's appeal was denied.

Haven Plaza Housing Development Fund Co., Inc. v. Toro: NYLJ, p. 21, col. 3 (10/8/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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