IN RE: Elaine SICARDO (2008)

Proceeding pursuant to CPLR article 78 to review a determination of the Municipal Housing Authority for the City of Yonkers, dated July 14, 2006, which, after a hearing, found that the petitioner had violated certain rules specified in 24 CFR 982.551 for Section 8 participants and thereupon confirmed an administrative determination dated March 14, 2006, to terminate the petitioner's participation in the Section 8 Housing Choice Voucher Program (see 42 USC § 1437f[b][1] ).

ADJUDGED that the petition is granted, on the facts, without costs or disbursements, to the extent that so much of the determination as confirmed the penalty of termination is vacated;  the petition is otherwise denied, the determination is otherwise confirmed on the merits, and the matter is remitted to the respondent for the imposition of a lesser penalty.

 The determination finding the petitioner in violation of the Section 8 Housing Choice Voucher Program regulations due to her failure to notify the respondent that her former husband was living in the subject residence with her and her children (see 24 CFR 982.551[h][2] ) was supported by substantial evidence (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183;  Matter of Steward v. Mulligan, 47 A.D.3d 822, 849 N.Y.S.2d 175;  cf. Matter of Pena v. Mulligan, 32 A.D.3d 952, 953, 820 N.Y.S.2d 809).   However, under the particular circumstances of this case, the penalty imposed was so disproportionate to the offense as to be shocking to one's sense of fairness (see generally Matter of Kreisler v. New York City Tr. Auth., 2 N.Y.3d 775, 776, 780 N.Y.S.2d 302, 812 N.E.2d 1250;  Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 237, 356 N.Y.S.2d 833, 313 N.E.2d 321;  see also 24 CFR 982.552[c][2][i];  cf. Matter of Smith v. New York City Hous. Auth., 40 A.D.3d 235, 235, 835 N.Y.S.2d 131).   Accordingly, we remit the matter to the respondent for the imposition of a lesser penalty.

The petitioner's remaining contentions are without merit.