Section 8 Tenant's Son Has no Right to Apartment

Section 8 tenant's son sued landlord, claiming an illegal lockout after tenant died. He claimed pass-on rights to the apartment. Landlord argued that the son had no pass-on rights. Tenant's son wasn't listed as an apartment occupant on tenant's annual income recertification. The son hadn't lived in the apartment since he left to go to a foster home, over five years ago, and was now an adult. The son started to spend more time with tenant when she became ill but didn't really stay in the apartment until just before tenant died. The court ruled against tenant's son. Although landlord shouldn't have changed the lock, restoring tenant's son to the apartment would be pointless because he had no pass-on rights. Returning to tenant's apartment just before tenant died wasn't a basis for an apartment pass-on.

Resto v. Sunset Hous. Assocs.: NYLJ, 10/3/01, p. 22, col. 2 (Civ. Ct. Kings; Wright, J)