HUD Tenant Misrepresented Income

September 21, 2014

LVT Number: #25727

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 lost. Tenant claimed that any misrepresentation was short-lived and minor. But 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.

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 lost. Tenant claimed that any misrepresentation was short-lived and minor. But 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.

Henry Phipps Plaza South Associates Ltd. v. Quijano: 2014 NY Slip Op 24229, 2014 WL 4099331 (App. T, 1 Dept.; 8/5/14; Lowe III, PJ, Schoenfled [dissenting], Hunter Jr., JJ)

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