Son of Section 8 Tenant Gets Pass-on Rights

Facts: Landlord sued to evict Section 8 tenant's son after tenant died. Son claimed he was a family member entitled to pass-on rights. He said he'd lived in the apartment with tenant for 20 months before tenant died. The apartment was in HUD housing and wasn't subject to DHCR regulations. Landlord claimed the two-year requirement under rent stabilization should apply for establishing pass-on rights. Landlord also argued that tenant didn't list son on annual Section 8 recertification forms. And landlord's employees didn't remember ever seeing son. Court: Landlord loses. The two-year primary residency requirement doesn't apply to HUD housing. Tenant's son only need show that he lived with tenant for more than a short time. The testimony of landlord's employees was vague. The son showed that he had previously lived with tenant but that he was in jail when tenant moved into the apartment in 1990. He later moved in with tenant. Parole and Labor Department records showed that he used tenant's address while collecting unemployment and looking for work. The son went to jail for another brief period for parole violation. DSS records showed that he then received public assistance benefits at the apartment. Based on all the facts, the son proved that he lived at the apartment with tenant. The failure to list a family member on consecutive annual recertification forms doesn't automatically preclude a family member from getting an apartment.

NSA North Flatbush Associates v. Mackie: 632 NYS2d 388 (1995) (Civ. Ct. Kings; Finkelstein, J)