Section 202 Tenant's Daughter Has Pass-on Rights to Apartment

Landlord of a HUD Section 202 housing project for elderly low-income tenants sued to evict tenant's daughter after tenant died. Tenant's daughter claimed that she had pass-on rights to the apartment. Landlord argued that the project was for elderly tenants only, and that tenant's daughter stayed in the apartment with tenant only as a live-in aide. The court ruled for tenant's daughter. Landord had made many attempts to prevent tenant's daughter from living in the apartment but had included her income for several years in its annual recertification of tenant's household income. Tenant's daughter had lived in the apartment with tenant as a family member and was entitled to remain in the apartment.

Valley Dream Housing Co. Inc. v. Schmidt: NYLJ, 10/14/07, pg. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)