Family Member Never Listed on Recertifications Can't Get Section 8 Apartment

March 1, 2004

LVT Number: 17166

Landlord sued to evict tenant of project-based Section 8 apartment for illegally subletting and not reporting income of other apartment occupants on income recertifications. While the case was pending, tenant died. Occupant, who was tenant's family member, then claimed pass-on rights. The court ruled for landlord. Since tenant never listed family member on the income recertification, family member couldn't claim pass-on rights to the apartment.

Landlord sued to evict tenant of project-based Section 8 apartment for illegally subletting and not reporting income of other apartment occupants on income recertifications. While the case was pending, tenant died. Occupant, who was tenant's family member, then claimed pass-on rights. The court ruled for landlord. Since tenant never listed family member on the income recertification, family member couldn't claim pass-on rights to the apartment.

328-36 W. 53rd St. Redevelopment v. Kosciuczuk: NYLJ, 2/25/04, p. 27, col. 1 (Civ. Ct. NY; Bedford, J)

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