NYCHA Can Evict Tenant for Chronic Nonpayment of Rent

Tenant appealed a ruling by NYCHA that terminated her tenancy on the grounds of chronic late payment of rent, as well as harassment and threats to her former co-tenant. Tenant claimed that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. NYCHA followed its Termination of Tenancy Procedures by scheduling interviews with tenant in order to discuss the problem that could lead to tenancy termination. Tenant failed to appear for three meeting dates. NYCHA then held a hearing, and tenant was represented by an attorney. NYCHA found that tenant repeatedly failed to pay her rent when it became due and that, during 2006, she threatened and harassed her nephew, a former co-tenant. Tenant also claimed that she received no rent statements, but her lease clearly notified her that payment of specified rent was due on the first of every month and tenant had made no payments since August 2007. Although tenant claimed that NYCHA's penalty was too harsh, courts have upheld NYCHA's termination of tenancy for chronic nonpayment of rent.

Devins v. NYCHA: Index No. 402427/09, 2010 NY Slip Op 32897(U) (Sup. Ct. NY; Madden, J; 10/8/10)