Adjudged that the petition is granted, on the facts, without costs or disbursements, to the extent that so much of the determination as confirmed the penalty of termination is vacated; the petition is otherwise denied, the determination is otherwise confirmed on the merits, and the matter is remitted to the respondent for the imposition of a lesser penalty.
The determination finding the petitioner in violation of the Section 8 Housing Choice Voucher Program regulations due to her failure to notify the respondent that her former husband was living in the subject residence with her and her children ( see 24 CFR 982.551 [h] [2]) was supported by substantial evidence ( see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176; Matter of Steward v Mulligan, 47 AD3d 822; cf. Matter of Pena v Mulligan, 32 AD3d 952, 953). However, under the particular circumstances of this case, the penalty imposed was so disproportionate to the offense as to be shocking to one's sense of fairness ( see generally Matter of Kreisler v New York City Tr. Auth., 2 NY3d 775, 776; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale Mamaroneck, Westchester County, 34 NY2d 222, 237; see also 24 CFR 982.552 [c] [2] [i]; cf. Matter of Smith v New York City Hous. Auth., 40 AD3d 235). Accordingly, we remit the matter to the respondent for the imposition of a lesser penalty.
The petitioner's remaining contentions are without merit.