Senior Housing Tenant Allowed Granddaughter to Live with Her
LVT Number: 15916
Facts:Landlord sued to evict HUD Section 202/8 tenant for having an illegal apartment occupant. Elderly tenant's rent was subsidized, and she filed annual income and occupancy recertifications. But tenant didn't list her granddaughter. Tenant had adopted her granddaughter and claimed that landlord knew she lived with her. Landlord claimed that it didn't know about the adoption. Landlord claimed fraud and material noncompliance by tenant with her lease. Court:Landlord loses. Providing false information on an income certification to gain an advantage would be material noncompliance with tenant's lease. But tenant would have gotten a higher rent subsidy if she had claimed her granddaughter. Tenant didn't list her granddaughter only to prevent the unlawful refusal by landlord to recognize her granddaughter as a permitted apartment occupant. So there was no material noncompliance with her lease.
Greene Ave. Assocs. v. Cardwell: NYLJ, 6/19/02, p. 20, col. 5 (Civ. Ct. Kings; Battaglia, J)