Judge Fairgrieve
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PETITIONER New Greenwich Gardens began this summary holdover proceeding seeking final judgment of possession. Petitioner alleged respondent, a Section 8 tenant, allegedly violated the terms of the lease by not notifying petitioner she was receiving additional income in the form of Social Security disability payments to her infant son. Respondent moved for summary judgment dismissing the petition, arguing her son’s disability payments should be excluded in calculating the household’s annual income, relying on 24 CFR §5.609(c)(14). She argued such section was relevant as periodic payments were being made to her son based on a disability and the monthly payments were from the Supplemental Social Security Disability Program. Petitioner argued that 24 CFR §5.609(b)(4) was applicable in determining if the son’s Social Security payments were considered income. The court found §5.609(c)(14) would only be applicable where periodic payments were deferred. Thus, it found §5.609(b)(4) was the relevant section, concluding the Social Security payments should be considered income. Hence, respondent’s motion to dismiss the petition was denied.
