Tenant's Son Was Barred from Living with Section 8 Tenant

Landlord sued to evict HUD-subsidized apartment occupant, claiming that he was a licensee whose license had expired after the project-based Section 8 tenant relocated to a nursing facility. Occupant claimed that he was tenant's son and had succession rights to the apartment. Tenant had moved to the facility by April 26, 2017, under a court directive obtained by tenant's Article 81 guardian. So, the relevant two-year period for which the son had to prove co-occupancy with tenant for succession rights began April 26, 2015.

The court ruled against the son and awarded possession to the landlord. There was a history of abuse of the tenant by the son, and by May 2010 two orders of protection had been issued, barring the son from living in the apartment with tenant. So the son could not have lived in the apartment with tenant during the required time period before tenant moved out. In addition, the orders of protection that prevented the son from living in the apartment didn't involve a term or provision of the lease and didn't involve any grounds specified in the RPAPL that might have excused his absence from the apartment. 

West 107 Partners LP v. Alduey: Index No. 67287/2018, 2023 NY Slip Op 30550(U)(Civ. Ct. NY; 2/21/23; Stoller, J)