Tenant's Grandson Gets HUD Section 8 Apartment

November 21, 2014

LVT Number: #25863

Landlord sued to evict HUD Section 8 tenant's grandson after tenant died. The grandson claimed succession rights. Landlord argued that the grandson wasn't listed on tenant's annual income certifications. The court ruled for the grandson and dismissed the case. The grandson was a minor when he moved back into the apartment at least two years before tenant died and wasn't responsible for filing the income certifications.

Landlord sued to evict HUD Section 8 tenant's grandson after tenant died. The grandson claimed succession rights. Landlord argued that the grandson wasn't listed on tenant's annual income certifications. The court ruled for the grandson and dismissed the case. The grandson was a minor when he moved back into the apartment at least two years before tenant died and wasn't responsible for filing the income certifications. There was no question that he lived in the apartment, so the grandson could remain despite tenant's failure to list him on the annual income certifications.

Eastern Parkway HAP Assoc. LP v. Rivera: Index No. 52150/2014, NYLJ No. 1202674912488 (Civ. Ct. Kings; 10/8/14; Sikowitz, J)

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