NYCHA Can Evict Tenant Who Started Fire in Apartment

January 27, 2016

LVT Number: #26761

Tenant filed an Article 78 appeal of landlord NYCHA’s decision to terminate his tenancy. Tenant claimed that NYCHA violated federal, state, and city antidiscrimination laws and that its decision was unreasonable. The court ruled against tenant, who appealed and lost. Substantial evidence supported NYCHA’s decision, finding that tenant violated his lease and agency rules, and was a nondesirable tenant. Among other things, tenant started a fire inside his apartment and barricaded himself inside. This placed tenant and others at risk.

 

 

 

Tenant filed an Article 78 appeal of landlord NYCHA’s decision to terminate his tenancy. Tenant claimed that NYCHA violated federal, state, and city antidiscrimination laws and that its decision was unreasonable. The court ruled against tenant, who appealed and lost. Substantial evidence supported NYCHA’s decision, finding that tenant violated his lease and agency rules, and was a nondesirable tenant. Among other things, tenant started a fire inside his apartment and barricaded himself inside. This placed tenant and others at risk.

 

 

 

Moore v. NYCHA: 19 N.Y.S.3d 895, 2015 NY Slip Op 09181 (App. Div. 1 Dept.; 12/10/15; Mazarelli, JP, Richter, Manzanet-Daniels, Kapnick, JJ)

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