MATTER OF CHIERCHIA v. NEW YORK CITY HOUSING AUTHORITY

6890, 111971/10.

92 A.D.3d 587 (2012)

938 N.Y.S.2d 559

2012 NY Slip Op 1362

In the Matter of NORA CHIERCHIA, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided February 23, 2012.


The penalty of termination of petitioner's Section 8 subsidy is disproportionate to the offense under the circumstances (see Matter of Featherstone v Franco, 95 N.Y.2d 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...

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