X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scott E. Mollen

Landlord-Tenant—Fraud—Tenant Obtained Low Income Apartment by Understating Income by a Factor of Eight

A landlord commenced a holdover proceeding, alleging that the tenant had committed fraud in reporting his income and household composition. The tenant denied the allegations and moved for leave to obtain discovery. The landlord cross-moved for summary judgment.

The apartment was subject to the Rent Stabilization Law and regulations relating to “tax credits that require tenants to report their incomes and household compositions, including tax credits pursuant to 26 U.S.C. §42 and RPTL §421-a.” When the tenant moved into the apartment in May 2012, the tenant represented that his income fell below the level necessary to obtain the apartment. The tenant’s lease warned that “misrepresenting income or household composition is a ground for termination.” The tenant did not dispute the sworn income statement nor his income tax return for the year 2012, which showed that his income in 2012 was more than eight times greater than the income that he had listed when seeking the apartment.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.