NYCHA Tenant's Son Can't Succeed to Section 8 Subsidy

The son of deceased Mitchell-Lama housing tenant sought pass-on rights to tenant's Section 8 rent subsidy voucher after tenant died. NYCHA denied the son's request. The son then sued NYCHA, HPD, and landlord. The court ruled against the son. In 2006, tenant asked NYCHA for permission to add his adult son to the household. NYCHA's request form pointed out that any family member who wasn't part of the original family composition in the apartment could move in only with conditional permission and remain in the apartment only during the duration of tenant's subsidized tenancy. The form also stated that the person added had no right to succeed to the Section 8 subsidy. NYCHA's occupancy/succession policy was part of a written administrative plan that was consistent with federal laws governing Section 8 subsidies. 

Klein v. Rhea: 39 Misc.3d 1216(A), 2013 NY Slip Op 50629(U) (Sup. Ct. NY; 4/18/13; Stallman, J)