Tenant's Daughter Not Entitled to Section 202 Apartment

Landlord of federal Section 202 housing project for elderly tenants sued to evict tenant's daughter after tenant died. The daughter claimed succession rights. Tenant had moved into the apartment when she was 87. Her daughter had moved in with her, but tenant's lease and recertification forms showed only tenant. After tenant died, landlord refused to add daughter, age 53, to recertification forms and lease. The court ruled against daughter. Section 202 housing exists to provide for very low-income elderly tenants who are least 62 years old. Even if tenant's daughter was otherwise eligible to participate in a Section 202 program, this particular project was limited to occupancy of elderly families and individuals. The law governing Section 202 housing was specifically changed in 1990 so that it no longer permits remaining family members under the age of 62 to claim succession rights.

607 Concord Senior Housing v. Morales: NYLJ, 9/7/07, pg. 28, col. 1 (Civ. Ct. Bronx; Madhavan, J)