Commonwealth v. Gaspard – Pa. Super. – 9-17-24 – reported, precedential
https://www.pacourts.us/assets/opinions/Superior/out/J-A12023-24o%20-%20106074904281363762.pdf?cb=1
Tenant convicted of theft by deception for lying about her income and thus receiving sec. 8 benefits.
The record confirms that Appellant intentionally withheld reporting a source of income to the Authority despite her signed certifications that she would report any changes in income from any source, and that the Authority relied on Appellant’s statements when awarding her Section 8 housing. See 18 Pa.C.S.A. § 3922(a)(1); McSloy, supra; Grife, supra.
As the trial court observed, the Authority could not investigate whether Appellant had a net income from self-employment if it was not put on notice of that employment. . . .By failing to disclose her business income, Appellant prevented the Authority from acquiring information which might have affected her entitlement to Section 8 housing, and the Authority paid a housing benefit on Appellant’s behalf. See 18 Pa.C.S.A. § 3922.
Thus, viewing the evidence in the light most favorable to the Commonwealth as the verdict-winner, the evidence was sufficient to sustain Appellant’s conviction for theft by deception.
