DAVIDSON 1992 ASSOCIATES v. CORBETT (2002)

Final judgment entered February 15, 2001 (Howard L. Malatzky, J.) affirmed, without costs.

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 re-certifications 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 N.Y.2d 823, 687 N.Y.S.2d 615, 710 N.E.2d 261) nor to the necessarily entwined benefit of successor occupancy.

PER CURIAM.