Tenant Didn't Disclose Income for Five Years

Landlord NYCHA terminated tenant’s lease based on tenant’s misrepresentation of her annual income. Tenant appealed NYCHA’s decision by filing an Article 78 petition claiming that it was arbitrary. The court ruled for tenant and ordered NYCHA to take the case back for a new hearing with a different hearing officer.

NYCHA appealed and won. NYCHA started the lease termination proceedings after learning that tenant had failed to report her employment income on occupancy affidavits for five years. This resulted in a substantial underpayment of rent. Tenant also had plead guilty to a misdemeanor charge arising out of that conduct. Tenant argued that her conduct didn’t constitute nondesirability or breach of NYCHA rules. This didn’t matter. Misrepresentation and failure to provide income verification were separate grounds for lease termination. And although eviction would present a hardship for tenant and her son, this penalty for serious misrepresentation for five years didn’t shock the conscience.

Bland v. NYCHA: NYLJ, 4/22/10, p. 32, col. 5 (App. Div. 1 Dept.; Tom, JP, Saxe, Freidman, Nardelli, Catterson, JJ)