Landlord Who Had Children with Tenant Must Refund HAP Benefits

LVT Number: #30885

Landlord owned a two-family house and lived on the first floor. In 2001, landlord signed a housing assistance payment (HAP) contract with NYCHA based on the tenancy of a woman who lived with her two children on the second floor of the house. Starting in  2003, landlord and tenant had three additional children together, who also lived with tenant. Landlord received HAP payments for the tenancy until 2014. In 2015, NYCHA sued landlord for breach of the HAP contract based on his receipt of HAP payments.

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NYCHA v. Oakman: Index Nos. 452706/15, 11622A, 11622, 2020 NY Slip Op 03201 (App. Div. 1 Dept.; 6/4/20; Renwick, JP, Gische, Webber, Oing, Moulton, JJ)