NYCHA Can Evict Tenant for Gun Possession
LVT Number: #21189
Landlord NYCHA held a hearing and issued a certificate of eviction against public housing tenant after police found two loaded guns in her apartment and arrested her. During the hearing, tenant refused repeated offers from NYCHA to adjourn the case so that she could get a lawyer. After NYCHA ruled to terminate her tenancy, tenant appealed, claiming that she was denied due process. The court ruled against tenant. Tenant’s claim that she didn’t understand her rights during the hearing and therefore didn’t claim that she didn’t know the guns were in her apartment wasn’t believable. Before holding a hearing, NYCHA set up a meeting with tenant, but she failed twice to appear. NYCHA then held the hearing, charging tenant with nondesirable conduct and breach of her lease. NYCHA gave tenant a copy of its termination procedures and explained her rights at the hearing. When tenant said she wanted to represent herself, the hearing officer explained that tenant could examine documents, and call and cross-examine witnesses. Tenant didn't call any witnesses and didn't testify on her own behalf. NYCHA went to great lengths to notify tenant of her rights and to make certain that she didn't want to retain an attorney or present evidence at the hearing.
Jackson v. Hernandez: NYLJ, 4/22/09, p. 26, col. 1 (App. Div. 1 Dept.; Gonzalez, PJ, Friedman, Buckley, Renwick, JJ)