Family Member Not Listed on Certification Forms

June 30, 2004

LVT Number: 17423

Landlord asked HPD for a certificate of eviction for remaining family member of former Section 8 tenant who was never listed on annual income certifications. HPD ruled against landlord. Landlord appealed. An HPD regulation allowed a family member not listed on the annual certifications to submit proof that he lived in the apartment with tenant. Landlord claimed that this regulation violated the purpose of federal Section 8 law. The court and appeals court ruled against landlord.

Landlord asked HPD for a certificate of eviction for remaining family member of former Section 8 tenant who was never listed on annual income certifications. HPD ruled against landlord. Landlord appealed. An HPD regulation allowed a family member not listed on the annual certifications to submit proof that he lived in the apartment with tenant. Landlord claimed that this regulation violated the purpose of federal Section 8 law. The court and appeals court ruled against landlord. HPD wasn't required to hold a hearing to determine the status of a family member who wasn't listed on certification forms. But HPD wasn't barred from holding a hearing to allow an occupant to rebut the presumption that he didn't live with tenant simply because he wasn't listed on the certification form.

Manhattan Plz. Assocs. LP v. HPD: NYLJ, 6/17/04, p. 27, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Sullivan, Lerner, Gonzalez, JJ)

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