Tenant Loses Section 8 Subsidy for False Income Reporting

May 11, 2012

LVT Number: #24079

Tenant appealed HPD's decision to terminate her Section 8 rent subsidy. Tenant appealed and lost. The court and appeals court found that HPD's decision was supported by substantial evidence. Tenant violated HPD's policies requiring truthful and complete household income reporting. Tenant's excuse was that she feared if she accurately reported her income, she would lose her subsidy. On appeal, tenant claimed that she had a mental illness. But the court couldn't consider this claim since it wasn't raised before HPD.

Tenant appealed HPD's decision to terminate her Section 8 rent subsidy. Tenant appealed and lost. The court and appeals court found that HPD's decision was supported by substantial evidence. Tenant violated HPD's policies requiring truthful and complete household income reporting. Tenant's excuse was that she feared if she accurately reported her income, she would lose her subsidy. On appeal, tenant claimed that she had a mental illness. But the court couldn't consider this claim since it wasn't raised before HPD. And HPD had no duty to inquire as to tenant's mental health since there was no indication that she was suffering from any mental incapacity.

Rodriguez v. HPD: NYLJ, 4/12/12, p. 24, col. 3 (App. Div. 1 Dept.; Andrias, JP, Friedman, Acosta, Freedman, Richter, JJ)

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