Davidson 1992 Associates v. Corbett

190 Misc. 2d 813, 738 N.Y.S.2d 813, 2002 N.Y. Misc. LEXIS 79

Opinion

OPINION OF THE COURT

Per Curiam.

Appellant’s decedent was the tenant of record of a project-based section 8 housing unit. She commenced occupancy in the apartment as a home health care worker and was consistently identified on leases and annual income recertifications as a “live-in attendant.” While appellant claims to have enjoyed a personal relationship with the decedent, we agree that there is no basis for appellant to succeed to possession as a nontraditional family member under state law. Project-based subsidies remain with the unit when the tenant vacates, and vacancies are filled from a waiting list maintained by the regulatory agency (24 CFR 983.203 [c]). No approval was requested or obtained for appellant to reside in the premises as an additional family member (see, 24 CFR 982.551 [h] [2]; 983.1 [b] [1]), and HUD’s policies (see, 24 CFR 982.551 [h] [4]) do not recognize care attendants as family members for continued occupancy purposes. Under such circumstances, appellant is neither entitled to continuation of the section 8 subsidy (see, Matter of Evans v Franco, 93 NY2d 823) nor to the necessarily entwined benefit of successor occupancy.

McCooe, J.P., Gangel-Jacob and Suarez, JJ., concur.