Matter of Alarape v New York City Dept. of Hous. Preserv. &Dev.
2008 NY Slip Op 07196 [55 AD3d 316]
October 2, 2008
Appellate Division, First Department
As corrected through Wednesday, December 10, 2008


In the Matter of Prince T. Alarape, Petitioner,
v
New YorkCity Department of Housing Preservation and Development et al.,Respondents.

[*1]Law Office of Sharon A. Telford, Brooklyn (Sharon A. Telford of counsel), forpetitioner.

Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), forrespondents.

Determination of respondent New York City Department of Housing Preservation andDevelopment, dated September 1, 2006, terminating petitioner's housing subsidy on the groundthat he misrepresented his resident adult son's employment status and the overall householdincome in a 2006 recertification application, unanimously confirmed, the petition denied, andthis proceeding (transferred to this Court by order of Supreme Court, New York County [MarcyS. Friedman, J.], entered August 23, 2007), dismissed, without costs.

Termination of petitioner's subsidy for violation of the regulations governing the voucherassistance program for low-income housing, under section 8 of the United States Housing Act of1937 as amended (42 USC § 1437f), was supported by substantial evidence. The penaltyimposed was not so disproportionate to the offense as to be shocking to one's sense of fairness(see Matter of Gerena v Donovan,51 AD3d 502 [2008]). Concur—Lippman, P.J., Gonzalez, Nardelli, Acosta andDeGrasse, JJ.


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