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Matter of Evans – Case Brief Summary (New York)

In Matter of Evans, 93 NY2d 823, 710 N.E.2d 261, 687 N.Y.S.2d 615 (1999), the Court of Appeals determined that respondent was not entitled to succeed to a housing subsidy as a "surviving family member" pursuant to the Section 8 program because for thirteen (13) years the deceased tenant of record unequivocally indicated that she lived alone in the apartment and only provided her own income on the re-certification statements.

The Court specifically stated in its decision that "to permit petitioner to claim status as a surviving family member would be to open the door to possible fraudulent claims and to a wholesale disregard of the intent of the subsidy program." Id. at 824.