Landlord Claims Tenant Didn't Include Son's Income on Recertification

April 30, 2003

LVT Number: 16500

Facts: Landlord sued to evict HUD/ Section 8 tenant based on fraud. Landlord claimed tenant hadn't declared income earned by his adult son during 2000 in his 2001 annual income recertification and had submitted a Declaration of Unemployment for his son. At trial, some evidence was presented showing that tenant's son had worked for the past two years. Court: Landlord loses. Landlord didn't prove tenant had fraudulently failed to declare additional income for his son during year 2000.

Facts: Landlord sued to evict HUD/ Section 8 tenant based on fraud. Landlord claimed tenant hadn't declared income earned by his adult son during 2000 in his 2001 annual income recertification and had submitted a Declaration of Unemployment for his son. At trial, some evidence was presented showing that tenant's son had worked for the past two years. Court: Landlord loses. Landlord didn't prove tenant had fraudulently failed to declare additional income for his son during year 2000. Rather, tenant's inclusion of the Declaration of Unemployment was because of a mistake in judgment, carelessness, or incompetence. At the next scheduled recertification, tenant informed landlord that the son was no longer living at the apartment. Under these circumstances, because tenant didn't compound the error or create a pattern of unexplained mistakes, no eviction was warranted.

1018 Development Co. v. Nieves: NYLJ, 4/2/03, p. 22, col. 4 (Civ. Ct. Bronx; Rodriguez, J)

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