NYCHA Tenant Filed False Income Affidavits

June 10, 2012

LVT Number: #24138

NYCHA terminated tenant's tenancy after finding that tenant had filed false annual income affidavits since 2006. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court denied tenant's Article 78 petition. There was substantial evidence supporting NYCHA's decision. Tenant failed to report that she owned a second home outside the city and that she allowed her son and his family to occupy the apartment without permission. And tenant's son admitted to an investigator that he and his wife were the only adults in the apartment.

NYCHA terminated tenant's tenancy after finding that tenant had filed false annual income affidavits since 2006. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court denied tenant's Article 78 petition. There was substantial evidence supporting NYCHA's decision. Tenant failed to report that she owned a second home outside the city and that she allowed her son and his family to occupy the apartment without permission. And tenant's son admitted to an investigator that he and his wife were the only adults in the apartment. Although the son denied this at NYCHA's hearing, he admitted that he and his family lived there five days per week while their children went to school. And documentary proof showed that tenant lived in the second home, not the apartment.

Negron v. NYCHA: NYLJ, 5/14/12, p. 18, col. 5 (App. Div. 1 Dept.; Tom, JP, Andrias, Catterson, Acosta, Manzanet-Daniels, JJ)

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