Landlord Claims Chronic Nonpayment of Rent

April 1, 1999

LVT Number: 13098

Facts: Landlord NYCHA decided after a hearing to end tenant's tenancy based on chronic nonpayment of rent. At the hearing, tenant claimed that she had paid her rent late because she had missed work because of her illness, and had to pay to take care of her two grandchildren who were living with her at the time. Tenant claimed she now expected to be able to pay her rent on time. At the hearing, NYCHA considered the fact that tenant had filed for bankruptcy in 1996 and that there was a previous settlement agreement in 1993 putting tenant on one year's probation.

Facts: Landlord NYCHA decided after a hearing to end tenant's tenancy based on chronic nonpayment of rent. At the hearing, tenant claimed that she had paid her rent late because she had missed work because of her illness, and had to pay to take care of her two grandchildren who were living with her at the time. Tenant claimed she now expected to be able to pay her rent on time. At the hearing, NYCHA considered the fact that tenant had filed for bankruptcy in 1996 and that there was a previous settlement agreement in 1993 putting tenant on one year's probation. Tenant appealed NYCHA's decision, claiming it was arbitrary and unreasonable. Court: Tenant wins. NYCHA didn't consider mitigating circumstances, and at the same time improperly took into consideration her prior probation and bankruptcy. The case was sent back to NYCHA for further fact finding.

Hampton v. Franco: NYLJ, p. 30, col. 1 (3/18/99) (Sup. Ct. NY; Cahn, J)

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