Tenant Can't Cure Fraud on Income Recertification

July 31, 2008

LVT Number: #20603

Landlord of Mitchell-Lama housing sued to evict tenant for committing fraud. Landlord claimed that tenant's deceptive conduct, including her failure to identify the other occupant of her apartment or to list that person's income on annual income affidavits, constituted fraud or illegality. Landlord and tenant signed a settlement agreement in court by which tenant agreed to a judgment in landlord's favor with a delay of the eviction. Tenant later asked the court to vacate the agreement and the warrant. The court ruled against tenant. She appealed and lost.

Landlord of Mitchell-Lama housing sued to evict tenant for committing fraud. Landlord claimed that tenant's deceptive conduct, including her failure to identify the other occupant of her apartment or to list that person's income on annual income affidavits, constituted fraud or illegality. Landlord and tenant signed a settlement agreement in court by which tenant agreed to a judgment in landlord's favor with a delay of the eviction. Tenant later asked the court to vacate the agreement and the warrant. The court ruled against tenant. She appealed and lost. Tenant's conduct was clearly fraud and couldn't be cured. There was no basis to vacate the settlement agreement.

Southbridge Towers, Inc. v. To: NYLJ, 7/29/08, p. 33, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, Heitler, JJ)

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