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MATTER OF SMITH v. NEW YORK CITY HOUSING AUTHORITY

40 A.D.3d 235 (2007)

835 N.Y.S.2d 131

In the Matter of ROSLYN SMITH, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 1, 2007.

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 agency submitted ample documentation that both petitioner and her...

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