Court Can't Stay Eviction of NYCHA Tenant

January 29, 2020

LVT Number: #30589

Landlord NYCHA sued to evict tenant after a NYCHA hearing resulted in termination of her tenancy. The court ruled for landlord but permanently stayed issuance of an eviction warrant as an accommodation to tenant's disability. Landlord appealed and won. The lower court didn't have the authority to permanently delay an eviction as a reasonable accommodation to tenant because NYCHA terminated the tenancy after an agency hearing on the merits and tenant exhausted her administrative remedies, which included the right to appeal NYCHA's decision.

Landlord NYCHA sued to evict tenant after a NYCHA hearing resulted in termination of her tenancy. The court ruled for landlord but permanently stayed issuance of an eviction warrant as an accommodation to tenant's disability. Landlord appealed and won. The lower court didn't have the authority to permanently delay an eviction as a reasonable accommodation to tenant because NYCHA terminated the tenancy after an agency hearing on the merits and tenant exhausted her administrative remedies, which included the right to appeal NYCHA's decision. So NYCHA's decision to terminate the tenancy was a final determination. Tenant also had waived her disability discrimination claim by failing to raise it at the administrative hearing before NYCHA. 

NYCHA v. Major: 65 Misc.3d 154(A), 2019 NY Slip Op 51909(U) (App. T. 1 Dept.; 12/2/19; Shulman, PJ, Cooper, Edmead, JJ)

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