Tenant Misrepresented Income and Family Composition Information
LVT Number: #30216
Landlord sued to evict tenant for being in material noncompliance with his lease. Landlord claimed that tenant didn't disclose all of his income on his initial 2012 application for low-income, rent-stabilized, subsidized housing. The court ruled for landlord.
Tenant appealed and lost. Tenant's total annual income reported on his joint tax return for 2012 was eight times more than the relevant income threshold. Although tenant stated in his Income Certification dated May 1, 2012, that his total annual income was below the threshold and that he was self-employed, tenant obtained full-time employment less than four months later at a salary that exceeded the income threshold. Tenant didn't inform landlord or the NY State Housing Finance Agency. Tenant also failed to provide relevant information about household composition. He listed a teenage nephew and niece as family members and obtained a two-bedroom apartment. But the nephew never moved in with tenant and the niece moved out three months after tenant moved in.
DD 11th Avenue LLC v. Sans: Index No. 571041/18, 63 Misc.3d 158(A) (App. T. 1 Dept.; 6/3/19; Shulman, PJ, Gonzalez, Edmead, JJ)