Tenant Underreported Income on Apartment Application

Landlord sued to evict tenant of low-income housing, claiming that tenant substantially underreported his income when he applied for housing in 2012. Tenant claimed that he underreported his income based on anticipated income and asked the court for permission to conduct pre-trial questioning. The court ruled against tenant and granted landlord's request to decide the case without a trial. Tenant's income was eight times what he had claimed it was. Tenant also argued that landlord didn't send him a notice to cure before terminating his tenancy and starting the eviction proceeding. But, by underreporting his income, tenant was never eligible for tenancy at the building and wasn't capable of curing. So no notice to cure was needed. Landlord was entitled to a judgment of possession and eviction warrant.

DD 11th Ave. LLC v. Sans: 2018 NY Slip Op 50121(U), NYLJ No. 1517620708 (Civ. Ct. NY; 1/29/18; Stoller, J)