Noise Complaints Against Tenant

May 31, 2006

LVT Number: 18876

Landlord NYCHA made an administrative determination to seek tenant's eviction based on noise complaints against tenant. Tenant appealed landlord's decision, claiming that it was arbitrary and unreasonable. The court ruled for tenant. NYCHA's procedures require that a project manager must interview tenant to discuss a problem that could lead to the termination of her tenancy. Landlord's penalty of evicting tenant and her children on the basis of noise complaints, without any warning or probation period, violated NYCHA's own procedures.

Landlord NYCHA made an administrative determination to seek tenant's eviction based on noise complaints against tenant. Tenant appealed landlord's decision, claiming that it was arbitrary and unreasonable. The court ruled for tenant. NYCHA's procedures require that a project manager must interview tenant to discuss a problem that could lead to the termination of her tenancy. Landlord's penalty of evicting tenant and her children on the basis of noise complaints, without any warning or probation period, violated NYCHA's own procedures.

Hayes v. Housing Authority: NYLJ, 5/3/06, p. 25, col. 3 (Sup. Ct. NY; Shafer, J)

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