Tenant Lied on Income Forms

January 1, 1996

LVT Number: 10259

Landlord sued to evict tenant's brother after tenant moved out of NYCHA apartment. Tenant's brother claimed he was entitled to pass-on rights because he had lived with tenant since she first moved into the apartment. The court ruled against tenant's brother and in favor of landlord. Tenant's brother proved he had lived in the apartment during the period in question. But tenant never asked to add her brother to the lease and never reported her brother or his income on the income affidavit/family composition forms submitted to landlord between 1991 and 1993.

Landlord sued to evict tenant's brother after tenant moved out of NYCHA apartment. Tenant's brother claimed he was entitled to pass-on rights because he had lived with tenant since she first moved into the apartment. The court ruled against tenant's brother and in favor of landlord. Tenant's brother proved he had lived in the apartment during the period in question. But tenant never asked to add her brother to the lease and never reported her brother or his income on the income affidavit/family composition forms submitted to landlord between 1991 and 1993. Concealing her brother's occupancy and income was fraudulent conduct which warranted tenant's eviction. And since her brother had to have known about this, he was subject to eviction for the same reason.

NYC Housing Authority v. Torruella: NYLJ, p. 26, col. 2 (12/27/95) (Civ. Ct. NY; Dubinsky, J)

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