| Matter of Perrette v New York City Dept. of Hous. Preserv. & Dev. |
| 2013 NY Slip Op 02166 [105 AD3d 401] |
| April 2, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Marie Perrette, Petitioner, v New York City Department of Housing Preservation and Development, Respondent. |
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Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel),
for 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 NY2d 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 (20 NY3d 399, 405 [2013]), "termination of petitioner'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 [*2]limited supply of publicly-supported housing." (Id. at 405.) Notwithstanding the hardship to petitioner, the penalty of termination is confirmed (see Matter of Cubilete v Morales, 92 AD3d 470 [1st Dept 2012]). Concur—Tom, J.P., Andrias, Acosta, Moskowitz and Abdus-Salaam, JJ.