NYCHA Can Terminate Tenancy for Chronic Nonpayment of Rent

December 1, 2010

LVT Number: #23044

Tenant appealed landlord NYCHA's decision to terminate tenancy based on tenant's chronic nonpayment of rent. Tenant claimed NYCHA's decision was unreasonably harsh. The court ruled against tenant. NYCHA claimed that tenant hadn't paid rent since August 2007. Tenant claimed that she hadn't received rent bills since October 2006 and was unsure of how much rent to pay after she asked for her rent to be rebudgeted according to her income. But NYCHA complied with its own tenancy termination procedures, and courts have upheld tenancy termination as a penalty for chronic rent delinquency.

Tenant appealed landlord NYCHA's decision to terminate tenancy based on tenant's chronic nonpayment of rent. Tenant claimed NYCHA's decision was unreasonably harsh. The court ruled against tenant. NYCHA claimed that tenant hadn't paid rent since August 2007. Tenant claimed that she hadn't received rent bills since October 2006 and was unsure of how much rent to pay after she asked for her rent to be rebudgeted according to her income. But NYCHA complied with its own tenancy termination procedures, and courts have upheld tenancy termination as a penalty for chronic rent delinquency. Tenant pointed to no statute, regulation, or procedure that relieved her from the requirement to pay rent because NYCHA didn't send a monthly statement. Since tenant had no reasonable excuse for nonpayment, the penalty was appropriate.

Devins v. NYCHA: Index No. 402427/09, NYLJ No. 1202474622401 (Sup. Ct. NY; 10/8/10; Madden, J)

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