Perez v. Rhea

Petitioner was a tenant in a New York City Housing Authority (NYCHA) public housing apartment. After Petitioner became employed, she failed to disclose her new earnings to her landlord, an omission that allowed her to pay a substantially lower rent than she would have had she revealed the income. After NYCHA discovered the misrepresentation, Petitioner was criminally charged for failing to report her income. Petitioner pleaded guilty to a reduced charge of petit larceny and received a conditional discharge upon her agreement to pay restitution to NYCHA. Thereafter, NYCHA ordered that Petitioner's tenancy be terminated. Petitioner subsequently challenged that determination, claiming that eviction might leave her and her children homeless. Supreme Court affirmed NYCHA's determination. The Appellate Division reversed and vacated the penalty of termination, concluding that the termination of tenancy was so disproportionate to the offense, in light of the circumstances, as to shock the judicial conscience. The Court of Appeals reversed, holding that the NYCHA's decision to terminate Petitioner's tenancy was not so disproportionate to her misconduct as to shock the judicial conscience. View "Perez v. Rhea" on Justia Law