MATTER OF PEREZ v. RHEA

Nos. 3889, 110920/09.

87 A.D.3d 476 (2011)

928 N.Y.S.2d 688

2011 NY Slip Op 6322

In the Matter of JACQUELINE PEREZ, Appellant, v. JOHN B. RHEA, as Chairman of the New York City Housing Authority, Respondent.

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

Decided August 25, 2011.


Where petitioner, a model tenant, has faithfully abided by an agreement with NYCHA to make full restitution of her rent underpayments, the decision to terminate her tenancy constituted a disproportionate penalty that would likely leave petitioner, the single mother of three children who also reside in the apartment, two of whom have diagnosed disabilities, homeless.

Petitioner Jacqueline Perez, 37 years of age, has lived in NYCHA housing for virtually her entire life...

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