Employee Fired for Unauthorized Occupancy of NYCHA Housing

December 1, 2010

LVT Number: #23029

Landlord NYCHA terminated an employee after holding a hearing where it found that the employee lived in NYCHA housing from November 2006 to January 2008 without authorization. The employee appealed, claiming NYCHA's decision was arbitrary and unreasonable. The court ruled against the employee, who claimed that NYCHA ignored proof that he lived in his girlfriend's apartment during the period in question. NYCHA in fact considered this claim by the employee, but rejected it.

Landlord NYCHA terminated an employee after holding a hearing where it found that the employee lived in NYCHA housing from November 2006 to January 2008 without authorization. The employee appealed, claiming NYCHA's decision was arbitrary and unreasonable. The court ruled against the employee, who claimed that NYCHA ignored proof that he lived in his girlfriend's apartment during the period in question. NYCHA in fact considered this claim by the employee, but rejected it. The employee's length of service and lack of prior disciplinary proceedings didn't make the penalty shocking or disproportionate to the offense. The employee's misconduct prevented NYCHA from renting an apartment to other families on the public housing waiting list.

Bruce v. NYCHA: NYLJ, 11/8/10, p. 19, col. 1 (App. Div. 1 Dept.; Tom, JP, McGuire, Acosta, Renwick, Freedman, JJ)

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