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Appeals court hears challenge to eviction where tenant's son was labeled a 'guest' under HUD rules
Summary
In CMJ Management v. Rodensky, appellants contest a housing court eviction relying on HUD definitions of 'guest' and 'person under tenant's control'; defense says consent may be passive and evidence supported the judge's finding. The court took the case under advisement.
At oral argument in CMJ Management v. Rodensky, counsel for the tenant argued the landlord failed to prove the tenant's son qualified as a covered person under HUD rules that permit eviction for covered persons' criminal conduct.
Counsel for the tenant (identified in argument as Attorney Yox) said the federal definition of a "guest" presumes a temporary stay and that frequent daytime…
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