NYCHA Can Evict Tenant for Misrepresenting Income

May 31, 2010

LVT Number: #22682

Landlord NYCHA terminated tenant’s lease based on finding that tenant misrepresented her family income and failed to pay back rent owed. Tenant appealed, claiming that NYCHA’s decision was arbitrary and unreasonable. The court and appeals court ruled against tenant. NYCHA’s decision was based on substantial evidence that tenant misrepresented information on an income affidavit during a probation period. Tenant failed to disclose income that she and her daughter received.

Landlord NYCHA terminated tenant’s lease based on finding that tenant misrepresented her family income and failed to pay back rent owed. Tenant appealed, claiming that NYCHA’s decision was arbitrary and unreasonable. The court and appeals court ruled against tenant. NYCHA’s decision was based on substantial evidence that tenant misrepresented information on an income affidavit during a probation period. Tenant failed to disclose income that she and her daughter received. She also owed over $9,000 in back rent due to her fraud, and she violated her lease by not paying these arrears.

Parker v. NYCHA: NYLJ, 5/27/10, p. 33, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ)

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