NYCHA Can Evict Tenant for Chronic Nonpayment

October 31, 2008

LVT Number: #20800

In an administrative proceeding, landlord NYCHA terminated tenant's lease based on chronic nonpayment of rent. Tenant appealed NYCHA's decision in state Supreme Court, claiming that it was unreasonable. The court ruled for tenant and sent the case back to NYCHA to impose a less severe penalty. NYCHA appealed and won. At the time that tenant filed his Article 78 appeal to the Supreme Court, NYCHA had already obtained a judgment of possession and an eviction warrant against tenant in housing court.

In an administrative proceeding, landlord NYCHA terminated tenant's lease based on chronic nonpayment of rent. Tenant appealed NYCHA's decision in state Supreme Court, claiming that it was unreasonable. The court ruled for tenant and sent the case back to NYCHA to impose a less severe penalty. NYCHA appealed and won. At the time that tenant filed his Article 78 appeal to the Supreme Court, NYCHA had already obtained a judgment of possession and an eviction warrant against tenant in housing court. By vacating NYCHA's ruling, the Supreme Court exceeded its authority because its action, in effect, undid the housing court judgment. Because no appeal of the housing court judgment had been filed, it was improper to permit tenant to attack the housing court decision indirectly.

Bobian v. NYCHA: NYLJ, 10/20/08, p. 29, col. 1 (App. Div. 1 Dept.; Saxe, JP, Catterson, McGuire, Acosta, DeGrasse, JJ)

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