Tenant's Son and Granddaughter Get HUD-Subsidized Apartment

September 27, 2017

LVT Number: #27937

Landlord sued to evict tenant's son and granddaughter from HUD-subsidized housing after tenant died. They claimed succession rights to the apartment. The court ruled for the family members and dismissed the case. Landlord pointed out that tenant didn't list either family member on his annual household income and composition certification. But the son showed documentation that he moved into the apartment in 2007 and remained there. The court found that maintenance of family cohesion outweighed any failure by tenant to list the family members on the recertification forms. 

Landlord sued to evict tenant's son and granddaughter from HUD-subsidized housing after tenant died. They claimed succession rights to the apartment. The court ruled for the family members and dismissed the case. Landlord pointed out that tenant didn't list either family member on his annual household income and composition certification. But the son showed documentation that he moved into the apartment in 2007 and remained there. The court found that maintenance of family cohesion outweighed any failure by tenant to list the family members on the recertification forms. 

Willoughby Court Apartments LP v. Gomez: Index No. 59673/16, NYLJ No. 12027949802 (Civ. Ct. Kings; 7/26/17; Marton, J)

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