Project-Based Section 8 Tenant's Son Gets Apartment After Tenant Dies

January 27, 2025

LVT Number: #33535

Landlord sued to evict the son of the deceased tenant of a project-based Section 8 apartment, claiming that he was a squatter or licensee whose right to occupy the unit had expired. The son claimed succession rights to the unit, and the court ruled for the son after trial. The son showed that he had lived in the apartment with tenant for at least two years before tenant died. The son in fact was born in the apartment and had lived there his entire life. The case was dismissed.

Landlord sued to evict the son of the deceased tenant of a project-based Section 8 apartment, claiming that he was a squatter or licensee whose right to occupy the unit had expired. The son claimed succession rights to the unit, and the court ruled for the son after trial. The son showed that he had lived in the apartment with tenant for at least two years before tenant died. The son in fact was born in the apartment and had lived there his entire life. The case was dismissed.

Audobon TP4 LLC v. Staley: Index No. 305191/23, NYLJ No. 1733780516 (Civ. Ct. NY; 11/20/24; Jennings, J)

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