Chierchia v. New York City Housing Authority

*588The penalty of termination of petitioner’s Section 8 subsidy is disproportionate to the offense under the circumstances (see Matter of Featherstone v Franco, 95 NY2d 550, 554 [2000]). Although petitioner does not challenge the finding that she had vacated her subsidized apartment without prior approval from NYCHA, petitioner did not act in bad faith, or with the intent to defraud NYCHA.

The evidence shows that petitioner temporarily relocated from her apartment (unit 31) to another unit (unit 21), while the landlord performed repairs to her apartment. The two apartments are identical but for…