NYCHA Tenant Can Be Evicted for Failing to Disclose Income

December 1, 2011

LVT Number: #23778

NYCHA terminated tenant's lease after discovering that tenant failed to report income from a janitorial services company he owned and that had done work for the Port Authority since 1988. As a result, tenant also owed landlord $20,000 based on rent recalculation. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. Tenant had been arrested and charged with grand larceny and falsifying business records. He was now making monthly payments to the Port Authority. The court ruled against tenant.

NYCHA terminated tenant's lease after discovering that tenant failed to report income from a janitorial services company he owned and that had done work for the Port Authority since 1988. As a result, tenant also owed landlord $20,000 based on rent recalculation. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. Tenant had been arrested and charged with grand larceny and falsifying business records. He was now making monthly payments to the Port Authority. The court ruled against tenant. Tenant's hardship didn't overcome the fact that for more than nine years he failed to disclose that he owned a business and earned income that he didn't report to NYCHA.

Hernandez v. NYCHA: Index No. 401025/2011, NYLJ No. 1202533446103 (Sup. Ct. NY; 10/27/11; Jaffe, J)

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