Housing Court Improperly Delayed Eviction

February 11, 2013

LVT Number: #24619

Landlord NYCHA terminated tenant's lease following an agency hearing on the issues. Tenant appealed NYCHA's decision and lost. NYCHA then sued to evict tenant in housing court. The court ruled for tenant and permanently delayed the issuance of the eviction warrant. NYCHA appealed and won. The housing court had no authority to permanently stay the eviction when NYCHA properly terminated the tenancy and tenant had lost his appeal of that decision. The court found NYCHA's decision unfair.

Landlord NYCHA terminated tenant's lease following an agency hearing on the issues. Tenant appealed NYCHA's decision and lost. NYCHA then sued to evict tenant in housing court. The court ruled for tenant and permanently delayed the issuance of the eviction warrant. NYCHA appealed and won. The housing court had no authority to permanently stay the eviction when NYCHA properly terminated the tenancy and tenant had lost his appeal of that decision. The court found NYCHA's decision unfair. But Civil Practice Laws and Rules 2201, permitting a court to grant a stay in a pending action under terms that may be just, wasn't proper grounds for a permanent stay.

NYCHA v. Groves: NYLJ No. 1202583728688 (App. T. 1 Dept.; 1/8/13)

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