Trial Required to Decide if Tenant's Mother Met HUD Guidelines

Facts: Section 8 tenant moved into HUD building in 1991. Her mother moved in with her, but landlord refused to add her name to list of persons entitled to occupancy of the apartment. Landlord claimed this would violate HUD's overcrowding regulations. The apartment was a one-bedroom, and tenant had two daughters. Tenant asked for a larger apartment and in 1994 moved across the hall to a two-bedroom apartment. Tenant's mother remained in the first apartment. Landlord sued to evict the mother, who claimed pass-on rights. Landlord argued that no trial was necessary because tenant's mother had no right to the apartment under HUD guidelines. Court: A trial was needed to decide if tenant's mother was a remaining family member of a Section 8 tenant. Tenant didn't have to move out of the building before her mother could have pass-on rights as a single person.

Impac Associates Redevelopment Co. v. Kitchen: NYLJ, p. 23, col. 2 (8/30/95) (Civ. Ct. NY; Shulman, J)