NYCHA Can't Evict Tenant Who Underreported Income

August 31, 2011

LVT Number: #23609

In 2008, NYCHA terminated the lease of tenant who had underreported her income and paid less rent than she should have. In 2006, tenant had told NYCHA that she mistakenly underreported her income from 1999 to 2005, after NYCHA asked for information from her employer to confirm her employment. Later that year, she was charged with grand larceny, pleaded guilty to petit larceny, and agreed to pay the city back $20,000 in $300 installments. Tenant appealed NYCHA's later decision to terminate her tenancy, claiming that this was unreasonable.

In 2008, NYCHA terminated the lease of tenant who had underreported her income and paid less rent than she should have. In 2006, tenant had told NYCHA that she mistakenly underreported her income from 1999 to 2005, after NYCHA asked for information from her employer to confirm her employment. Later that year, she was charged with grand larceny, pleaded guilty to petit larceny, and agreed to pay the city back $20,000 in $300 installments. Tenant appealed NYCHA's later decision to terminate her tenancy, claiming that this was unreasonable. The court ruled against tenant, who appealed and won. Tenant had already begun paying the back rent when NYCHA made its decision. The penalty was disproportionate to the offense.

Perez v. Rhea: NYLJ, 8/29/11, p. 18, col. 1 (App. Div. 1 Dept.; Tom, JP [dissenting], Andrias, Saxe, Freedman, Manzanet-Daniels, JJ)

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