NYCHA Terminates Tenancy for Wife's Concealment of Husband's Occupancy, Income

Tenant appealed a NYCHA decision to terminate her tenancy, claiming it was arbitrary and capricious. The court and appeals court ruled against tenant. NYCHA determined that tenant's husband was an unauthorized apartment occupant from 1989 to 2002. Tenant concealed her husband's income from landlord. This resulted in a substantially lower rent than tenant would have been entitled to otherwise. Landlord relied on documents that tenant and her husband had submitted to the police, to husband's employer, to tax authorities, and to others, all stating that husband's address was at tenant's apartment. NYCHA reasonably ruled that tenancy was terminated.

Smith v. NYCHA: NYLJ, 5/3/07, p. 27, col. 6 (App. Div. 1 Dept.; Marlow, JP, Nardelli, Gonzalez, Sweeny, Malone, JJ)