Trial Required on Whether Family Member Gets HUD Apartment

Landlord of a project-based Section 8 building sued to evict apartment occupant after tenant died. Occupant claimed that he had a family-type relationship with tenant and lived with her openly for 13 years. Landlord argued that occupant had no pass-on rights because the HUD Handbook required occupant to be named on the lease as a household member. Occupant was neither named on the lease nor listed in tenant's annual income recertification as a household member. Landlord asked the court to award it possession without a trial, claiming that there were no questions of fact. The court ruled against landlord. The HUD Handbook is a statement of HUD policy, but is not a set of regulations. So its requirements should be given great consideration, but are not absolutely binding. Tenant didn't comply with federal income recertification regulations by not listing occupant. But occupant was at least entitled to a hearing on the question of whether landlord knew he lived in the apartment for many years, without taking action. If so, on this basis, tenant could at least argue he had pass-on rights.

Allied Manor Road LLC v. Grube: NYLJ, 4/20/05, p. 21, col. 1 (Civ. Ct. Richmond; Turner, J)