Mentally Ill NYCHA Tenant Can't Be Evicted for Underreporting Income

Landlord NYCHA terminated tenancy because tenant failed to report household income, in violation of NYCHA rules. Tenant appealed the decision, claiming that it was arbitrary and unreasonable. The court ruled for tenant in part. NYCHA’s finding that tenant violated its rules by failing to report household income was supported by substantial evidence. But tenant showed that she had a mental disability. While this didn’t excuse her actions, medical records showed that she had significant limitations. Since tenant had lived in the apartment for 27 years and had taken steps to pay the rent she would have owed if she hadn’t misrepresented her income, the court found that eviction would be unfair. The case was sent back to NYCHA to impose a less severe penalty.

Tucker v. NYCHA Albany Houses: NYLJ, 7/16/09, p. 38, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Saxe, Nardelli, Renwick, Freedman, JJ)