Approval of HUD Tenant Eviction Overturned on Appeal

April 19, 2016

LVT Number: #26891

Landlord sued to evict HUD tenant based on tenant's intentional misrepresentation of household income on Section 8 recertifications. The court ruled for landlord and awarded a judgment of possession. Tenant appealed and claimed that any misrepresentation was short-lived and minor. The appeals court ruled against tenant, finding that tenant didn't raise these claims at trial and they were contrary to tenant's trial testimony that no violation occurred.

Landlord sued to evict HUD tenant based on tenant's intentional misrepresentation of household income on Section 8 recertifications. The court ruled for landlord and awarded a judgment of possession. Tenant appealed and claimed that any misrepresentation was short-lived and minor. The appeals court ruled against tenant, finding that tenant didn't raise these claims at trial and they were contrary to tenant's trial testimony that no violation occurred. Tenant also claimed that an unlawful apartment occupant moved out in 2011, but a HUD inspector credibly testified that an unauthorized person was living in the apartment. One judge disagreed with the court's decision, arguing that HUD failed to follow proper procedures before terminating the 40-year tenancy. Tenant appealed to a higher court and won, based on the dissenting judge’s opinion.

 

 
Henry Phipps Plaza South Associates v. Quijano: 2016 NY Slip Op 02026, 2016 WL 1096976 (App. Div. 1 Dept.; 3/22/16; Sweeny, JP, Renwick, Moskowitz, Gische, JJ)

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