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.