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Judge Madhavan Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=122718 PETITIONER landlord alleged respondent occupied the subject project-based Section 8 apartment as a licensee of her now-deceased husband. Respondent sought to succeed to her husband’s tenancy, arguing he died several days after moving into the premises together. The court ruled petitioner incorrectly argued that the absence of respondent’s name from the lease and recertification forms rendered her a mere interloper, and barred her succession claim. It noted the Appellate Term rejected petitioner’s position, holding that the absence of respondent’s name on family documents was not fatal to a succession claim otherwise established by trial evidence. The court concluded the “touchstone” of succession to a project-based Section 8 tenancy was the legitimacy of respondent’s occupancy as a family member at the time of the tenant of record’s death, and not the accuracy of one or more HUD forms. It found the genuineness of respondent’s co-occupancy with her late husband was amply established at trial. Thus, the court ruled respondent proved her entitlement to succeed tenancy, granting judgment in her favor and dismissing the licensee holdover proceeding.

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