Opinion
No. 5275.
February 19, 2009.
Determination of respondent New York City Department of Housing Preservation and Development (HPD), dated September 19, 2007, terminating petitioner's Section 8 housing subsidy, unanimously confirmed, the petition denied, and the proceeding brought pursuant to article 78 (transferred to this Court by order of the Supreme Court, New York County [Michael D. Stallman, J.], entered May 13, 2008), dismissed, without costs.
Moss Moss LLP, New York (Donald C. Moss of counsel), for petitioner.
Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.
Gutman, Mintz, Baker Sonnenfeldt, P.C., New Hyde Park (Olga Someras of counsel), for non-party landlord.
Before: Mazzarelli, J.P., Friedman, Gonzalez, Catterson and Renwick, JJ.
HPD's determination was supported by substantial evidence ( Matter of Berenhaus v Ward, 70 NY2d 436, 443) establishing that petitioner violated HPD's policy requiring truthful and complete reporting of her income.
The penalty assessed — termination of her subsidy — was not shocking to one's sense of fairness ( see Matter of Kelly v Safir, 96 NY2d 32, 39).
We have considered petitioner's other arguments and find them unavailing.