NYCHA Can Evict Tenant for Chronic Nonpayment of Rent

November 28, 2016

LVT Number: #27363

NYCHA decided to terminate tenancy based on tenant’s chronic nonpayment of rent. Tenant filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled against tenant. There was substantial evidence, including tenant’s rent history and her admission that she failed to pay rent when due, that supported NYCHA’s decision. Although tenant now claimed that NYCHA hadn’t made repairs or provided services, she didn’t raise these claims before NYCHA and couldn’t raise new evidence or arguments on appeal.

NYCHA decided to terminate tenancy based on tenant’s chronic nonpayment of rent. Tenant filed an Article 78 court appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled against tenant. There was substantial evidence, including tenant’s rent history and her admission that she failed to pay rent when due, that supported NYCHA’s decision. Although tenant now claimed that NYCHA hadn’t made repairs or provided services, she didn’t raise these claims before NYCHA and couldn’t raise new evidence or arguments on appeal. Tenant also failed to show how her medical condition or her brother’s death prevented her from paying rent.

 

 
Hairston v. NYCHA: 2016 N.Y. Slip Op. 07128, 2016 WL 6432917 (App. Div. 1 Dept.; 11/1/16; Sweeny, JP, Acosta, Andrias, Manzanet-Daniels, Webber, JJ)

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