NYCHA Tenant's Subsidy Can Be Terminated for Fraud

November 15, 2013

LVT Number: #25158

NYCHA terminated tenant's Section 8 rent subsidy on the grounds of fraud. Tenant appealed and lost. Substantial evidence supported NYCHA's decision. Tenant engaged in a scheme with his landlord to submit false information on his public housing application and subsequent renewal forms to obtain subsidies that he wasn't entitled to. This resulted in defrauding NYCHA of $23,990 over a two-and-a-half-year period.

NYCHA terminated tenant's Section 8 rent subsidy on the grounds of fraud. Tenant appealed and lost. Substantial evidence supported NYCHA's decision. Tenant engaged in a scheme with his landlord to submit false information on his public housing application and subsequent renewal forms to obtain subsidies that he wasn't entitled to. This resulted in defrauding NYCHA of $23,990 over a two-and-a-half-year period. The fact that federal criminal charges against tenant were dismissed and  pursued only against landlord didn't matter since NYCHA had the authority to determine tenant misconduct under its own rules. The penalty imposed by NYCHA didn't shock the conscience.

Zaltsman v. NYCHA: 2013 NY Slip Op 06948, 2013 WL 5745961 (App. Div. 1 Dept.; 10/24/13; Sweeny, JP, Renwick, Feinman, Clark, JJ)

Topics

More like this