Tenant's Son Can't Inherit Apartment in Project-Based Section 8 Senior Building

February 1, 2005

LVT Number: 17871

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman Mintz Baker Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict tenant's son from federal project-based Section 8 building for senior citizens after tenant died. The son claimed that he had lived with tenant for at least two years before tenant died. Landlord claimed that tenant's son wasn't entitled to pass-on rights. The court ruled for landlord. Tenant filed annual recertifications with landlord, listing all apartment occupants. Tenant's son was never listed.

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman Mintz Baker Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict tenant's son from federal project-based Section 8 building for senior citizens after tenant died. The son claimed that he had lived with tenant for at least two years before tenant died. Landlord claimed that tenant's son wasn't entitled to pass-on rights. The court ruled for landlord. Tenant filed annual recertifications with landlord, listing all apartment occupants. Tenant's son was never listed. And the purpose of this type of housing was to provide housing for senior citizens with low income. So tenant's son can't inherit the apartment.

St. Phillips Church Housing Corp. v. George: NYLJ, 1/26/05, p. 19, col. 1 (Civ. Ct. NY; Wendt, J)

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