Court Upholds NYCHA Decision to Terminate Tenancy

NYCHA informed tenants that it was considering tenancy termination based on a violation of a probation agreement and, separately, nondesirability. Tenants were accused of possessing or selling narcotics and possessing drug paraphernalia on two separate occasions. NYCHA's hearing officer upheld all charges except for possession of drug paraphernalia and recommended termination of the tenancy. NYCHA issued a termination ruling. Tenants then filed an Article 78 petition in court, claiming that NYCHA's decision was unreasonable. They said that they had no attorney at the hearing and that the police who testified were biased against them. The court ruled against tenants. NYCHA had no duty to provide an attorney to tenants. And there were no grounds for any claim that NYCHA's decision violated any lawful procedure or was in error. A finding of drug-related activity was sufficient grounds to terminate the public housing tenancy.

Kinard v. NYCHA: NYLJ, 11/25/09, p. 27, col. 1 (Sup. Ct. NY; Lobis, J)