Landlord Can Evict Low-Income Housing Tenant Who Didn't Report Income

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord sued to evict tenant of low-income tax credit building for failing to accurately report income on her annual income recertification papers, a required condition of her tenancy. The court ruled for landlord. Tenant was required to demonstrate that she had minimal annual assets and income, and paid $69 per month for an apartment with a legal rent of $1,163. In 2008, tenant stated that she had little or no income. But tenant bought a two-family house that year for $667,000, obtained a mortgage, and received rent from tenants at that house. Tenant stated on recertification forms that she had little income each year between 2008 and 2011. But at pre-trial questioning, tenant admitted that she received $175,000 in 2007 and $85,000 in 2008. Tenant also collected rent from her tenants totalling $2,600 per month in cash. Tenant signed lease riders stating that false income recertification statements gave landlord the right to terminate her tenancy. So landlord could evict tenant, given tenant's long-term pattern of failing to report her income and assets as required under her lease.

Coalition Houses LP v. Skanavis-Brown: Index No. L&T78986/16 (Civ. Ct. Kings; 11/9/17; Stanley, J) [2-pg. doc.]