Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Marie PERRETTE, Petitioner, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, Respondent.
Determination of respondent New York City Department of Housing Preservation and Development (HPD), dated February 24, 2010, which, after a hearing, terminated petitioner's section 8 rent subsidy, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Cynthia S. Kern, J.], entered October 20, 2010), dismissed, without costs.
The Hearing Officer's finding that petitioner intentionally failed to report approximately $30,000 of income earned by her daughter during a three-year period is supported by substantial evidence (see Matter of Purdy v. Kreisberg, 47 N.Y.2d 354, 358 [1979] ). He also found that while petitioner would not be able to afford the apartment without assistance, she will not be rendered homeless as a result of the termination of the subsidy, and that there are no mitigating circumstances sufficient to warrant reversal of HPD's termination of the benefits. Here, as in Matter of Perez v. Rhea (––– NY3d ––––, 2013 N.Y. Slip Op 00953 [2013] ), “termination of plaintiff's tenancy was not ‘so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness.’ “ As noted by the Court in Perez, “[a] vital public interest underlies the need to enforce income rules pertaining to public housing․ The deterrent value of eviction [ ] is clearly significant and supports the purposes of the limited supply of publicly-supported housing.” Notwithstanding the hardship to petitioner, the penalty of termination is confirmed (see Matter of Cubilete v. Morales, 92 AD3d 470 [1st Dept 2012] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 02, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)