Legal Opinion

Smith v. New York City Housing Authority

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2007PublishedCited by 11 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Rolando T. Acosta, J.), entered March 17, 2006, dismissing this proceeding seeking to annul respondent’s determination terminating petitioner’s tenancy, unanimously affirmed, without costs.

The determination that petitioner’s husband had been an unauthorized occupant of her apartment during the period from 1989 to 2002 was not arbitrary and capricious, but rather was rational and based on credible evidence. Petitioner’s course of conduct had the effect of concealing her husband’s income from respondent, thereby producing a substantially lower rent. The…

2Cases cited2 opinions

  1. Romero v. MartinezAppellate Division of the Supreme Court of the State of New York · 2001
  2. Wooten v. FinkleAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by11 opinions

  1. Sicardo v. SmithAppellate Division of the Supreme Court of the State of New York · 2008
  2. Bland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cubilete v. MoralesAppellate Division of the Supreme Court of the State of New York · 2012
  4. Perez v. RheaAppellate Division of the Supreme Court of the State of New York · 2011
  5. Springfield v. Town of Huntington Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

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