Landlord Can Evict NYCHA Tenant for Nondesirability

Landlord NYCHA sued to evict tenant in 2012, after holding a hearing in 2006 where it determined that tenant was nondesirable. Tenant claimed that landlord accepted rent during the six years between NYCHA's hearing and commencement of the eviction proceeding. Tenant also claimed that landlord accepted rent after expiration of the 30-day notice to vacate issued in 2012. The eviction proceeding was adjourned to allow for resolution of tenant's Article 78 appeal of NYCHA's ruling. The Article 78 petition was dismissed as untimely and tenant then failed to appear on the next scheduled court date. The court ruled for landlord and awarded a judgment of possession. Sixteen months later tenant asked the court to reopen the eviction case. The court ruled against tenant. Between April 30, 2012, the tenancy termination date, and May 16, 2012, the date tenant was served with the holdover court papers, there was no proof that landlord accepted any rent payments. So no waiver occurred and landlord properly commenced the eviction proceeding. Tenant also failed to explain why she waited 16 months to seek relief after entry of a default judgment. And tenant had no meritorious defense. NYCHA's ruling to terminate the tenancy was a final administrative determination, and tenant's appeal of that decision had been dismissed.

NYCHA Webster Houses v. Christian: 44 Misc.3d 1222, 2014 NY Slip Op 51227(U) (Civ. Ct. Bronx; 8/12/14; Rodriguez, J)