Section 8 Subsidy Terminated for Failure to Disclose Income

After an informal hearing, HPD terminated tenant's Section 8 rent subsidy due to inaccurate financial information submitted on tenant's annual recertification forms. It was undisputed that tenant's two adult children, who were listed as living in tenant's household, submitted false statements over a three-year period. They indicated that they had no income or financial benefits when in fact a federal computer database found significant income for both. Tenant filed an Article 78 court appeal of HPD's decision, claiming that HPD's decision was unfair. Tenant was from Afghanistan and had lived in the apartment for 26 years. Among other things, she claimed that she didn't understand English and that HPD didn't provide a translator for her at the hearing. The court ruled against tenant. Even if tenant had no translator, tenant's adult children spoke English and lied about their income. HPD's decision was reasonable. And only tenant's subsidy was terminated, not her tenancy.

Sarwar v. Wambua: Index No. 109250/2011, NYLJ No. 1202592454466 (Sup. Ct. NY; 3/7/13; Ling-Cohan, J)