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IN THE MATTER OF DAVIS v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

58 A.D.3d 418 (2009)

871 N.Y.S.2d 86

In the Matter of JOAN DAVIS, Appellant, v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT et al., Respondents.

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

January 6, 2009.

HPD's finding that petitioner intentionally failed to disclose her son's SSI benefits is supported by substantial evidence and has a rational basis in the record (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]). The penalty of termination of the rent subsidy is shockingly disproportionate to the offense, however, since it will likely lead to homelessness for petitioner, a 25-year tenant, and the three minor children who...

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