Landlord Must Produce Documents

June 30, 2009

LVT Number: #21288

Landlord of Section 8 HUD housing sued to evict tenant’s son after tenant died. The son claimed that he had lived with tenant for 30 years and that he had succession rights. Because the son was schizophrenic, the court appointed a guardian ad litem (GAL). The GAL asked the court to make landlord produce a lease and recertification records for the 30 years tenant lived in the apartment. Landlord argued that this would unnecessarily delay the case. The court ruled for the son.

Landlord of Section 8 HUD housing sued to evict tenant’s son after tenant died. The son claimed that he had lived with tenant for 30 years and that he had succession rights. Because the son was schizophrenic, the court appointed a guardian ad litem (GAL). The GAL asked the court to make landlord produce a lease and recertification records for the 30 years tenant lived in the apartment. Landlord argued that this would unnecessarily delay the case. The court ruled for the son. Given the son’s condition and his need for a caretaker, it was understandable that he couldn’t locate documents. But the court limited the time frame for production of landlord’s documents to the past 10 years.

BSDC Joshua HDFC v. Carter: NYLJ, 6/5/09, p. 27, col. 3 (Civ. Ct. Kings; Sikowitz, J)

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