Granddaughter Can't Get Apartment Under Federal Rules

September 30, 1998

LVT Number: 12715

Landlord housing authority sued to evict tenant's granddaughter after tenant died. The granddaughter claimed she was entitled to stay in the apartment as tenant's remaining family member under applicable federal rules. She claimed she'd lived with tenant continuously from August 1995 until he died in May 1996. The court ruled for landlord. Tenant never listed his granddaughter or anyone else as additional apartment occupants on any of his annual occupancy statements filed with landlord. Tenant's granddaughter didn't otherwise move in with permission from landlord.

Landlord housing authority sued to evict tenant's granddaughter after tenant died. The granddaughter claimed she was entitled to stay in the apartment as tenant's remaining family member under applicable federal rules. She claimed she'd lived with tenant continuously from August 1995 until he died in May 1996. The court ruled for landlord. Tenant never listed his granddaughter or anyone else as additional apartment occupants on any of his annual occupancy statements filed with landlord. Tenant's granddaughter didn't otherwise move in with permission from landlord. Also, tenant's granddaughter shouldn't be allowed to circumvent the usual required screening process for housing authority apartments and beat the waiting list.

White Plains Housing Authority v. Marbury: NYLJ, p. 26, col. 5 (9/23/98) (City Ct. White Plains; Friia, J)

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