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Sicardo v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 761 (N.Y. App. Div. 2008)

Summary

finding tenant's failure to disclose that her former husband was residing in the apartment with her and the children warranted a penalty of something less than termination of the Section 8 subsidy

Summary of this case from In re Mtr. of McIntosh v. N.Y.C. Hous. Auth.

Opinion

No. 2007-03609.

March 18, 2008.

Proceeding pursuant to CPLR article 78 to review a determination of the Municipal Housing Authority for the City of Yonkers, dated July 14, 2006, which, after a hearing, found that the petitioner had violated certain rules specified in 24 CFR 982.551 for Section 8 participants and thereupon confirmed an administrative determination dated March 14, 2006, to terminate the petitioner's participation in the Section 8 Housing Choice Voucher Program ( see 42 USC § 1437f [b] [1]).

Koob Magoolaghan, Yonkers, N.Y. (Joan Magoolaghan of counsel), for respondent.

Before: Mastro, J.P., Covello, Dickerson and Eng, JJ.


Adjudged that the petition is granted, on the facts, without costs or disbursements, to the extent that so much of the determination as confirmed the penalty of termination is vacated; the petition is otherwise denied, the determination is otherwise confirmed on the merits, and the matter is remitted to the respondent for the imposition of a lesser penalty.

The determination finding the petitioner in violation of the Section 8 Housing Choice Voucher Program regulations due to her failure to notify the respondent that her former husband was living in the subject residence with her and her children ( see 24 CFR 982.551 [h] [2]) was supported by substantial evidence ( see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Steward v Mulligan, 47 AD3d 822; cf. Matter of Pena v Mulligan, 32 AD3d 952, 953). However, under the particular circumstances of this case, the penalty imposed was so disproportionate to the offense as to be shocking to one's sense of fairness ( see generally Matter of Kreisler v New York City Tr. Auth., 2 NY3d 775, 776; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, Westchester County, 34 NY2d 222, 237; see also 24 CFR 982.552 [c] [2] [i]; cf. Matter of Smith v New York City Hous. Auth., 40 AD3d 235). Accordingly, we remit the matter to the respondent for the imposition of a lesser penalty.

The petitioner's remaining contentions are without merit.


Summaries of

Sicardo v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 2008
49 A.D.3d 761 (N.Y. App. Div. 2008)

finding tenant's failure to disclose that her former husband was residing in the apartment with her and the children warranted a penalty of something less than termination of the Section 8 subsidy

Summary of this case from In re Mtr. of McIntosh v. N.Y.C. Hous. Auth.
Case details for

Sicardo v. Smith

Case Details

Full title:In the Matter of ELAINE SICARDO, Appellant, v. PETER SMITH, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 2008

Citations

49 A.D.3d 761 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2603
853 N.Y.S.2d 639

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