Tenant's Daughter Gets HUD Apartment

Landlord sued to evict apartment occupant, claiming that she entered into occupancy of the apartment under a license granted by the prior, deceased tenant. Landlord claimed that tenant died in 2016 and that occupant wasn’t a family member, wasn’t listed on the income recertification, didn’t get approval from HUD or landlord to live in the apartment, and didn’t live with prior tenant for two years prior to her death. Occupant claimed succession rights as tenant’s daughter. The court ruled for occupant, who showed that she was tenant’s daughter, had lived in the apartment with tenant for more than 10 years and, as a disabled veteran, only had to prove that she lived with tenant for at least one year before tenant died. HUD Handbook rules also were broad enough to recognize exceptions to policy and procedure concerning recertification and approval to live with tenants. The failure to be named in a family composition didn’t preclude a succession defense. 

Kingston Heights Apartments v. Hurdle: 55 Misc.3d 1211(A), 2017 N.Y. Slip Op. 50527(U) (Civ. Ct. Kings; 4/7/17; Avery, J)