Tenant's Daughter Didn't Live in Apartment for Two Years

July 31, 2001

LVT Number: 15154

Landlord HPD determined that tenant's daughter didn't have pass-on rights to tenant's apartment after tenant died because she didn't live in the apartment with tenant for two years before tenant died. Tenant's daughter appealed and lost. HPD's decision was reasonable. Tenant didn't include the daughter's name on any annual income affidavits for the apartment. And the daughter didn't explain how she was living with tenant while she had another Section 8 apartment in her own name a year before tenant died.

Landlord HPD determined that tenant's daughter didn't have pass-on rights to tenant's apartment after tenant died because she didn't live in the apartment with tenant for two years before tenant died. Tenant's daughter appealed and lost. HPD's decision was reasonable. Tenant didn't include the daughter's name on any annual income affidavits for the apartment. And the daughter didn't explain how she was living with tenant while she had another Section 8 apartment in her own name a year before tenant died.

McGann-Wayne v. Lippa: NYLJ, 7/2/01, p. 20, col. 3 (App. Div.1 Dept.; Rosenberger, JP, Andrias, Lerner, Saxe, Friedman, JJ)

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