Yonkers Housing Authority Wrongly Terminated Tenant's Rent Subsidy

LVT Number: #27135

Tenant filed an Article 78 appeal to challenge Yonkers Housing Authority’s decision to terminate tenant’s participation in the housing voucher program. The court ruled for tenant. The housing authority found that tenant was ineligible for the rent subsidy program because she failed to fully disclose that her adult children were living with her and failed to report their income. This finding wasn’t supported by substantial evidence.

Tenant filed an Article 78 appeal to challenge Yonkers Housing Authority’s decision to terminate tenant’s participation in the housing voucher program. The court ruled for tenant. The housing authority found that tenant was ineligible for the rent subsidy program because she failed to fully disclose that her adult children were living with her and failed to report their income. This finding wasn’t supported by substantial evidence. The only evidence that the housing authority had that the children lived with tenant were photographs and testimony by the housing authority’s investigator. The investigator also testified that both of the adult children held driver licenses bearing a different address and that their cars were registered elsewhere. The evidence therefore was insufficient to prove that tenant’s children lived with her and that tenant had failed to disclose her true household income to the housing authority. 

 

 

 

Rosario v. Municipal Housing Authority for City of Yonkers: 2016 NY Slip Op 05573, 2016 WL 3910503 (App. Div. 2 Dept.; 7/2/16; Dillon JP, Dickerson, Cohen, Duffy, JJ)