NYCHA Can't Evict Tenant Who Struck Its Employee

Landlord NYCHA terminated tenancy because tenant assaulted and injured a NYCHA employee at the building. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant, who appealed and won. Tenant was 64 years old and had been a NYCHA tenant for 40 years without incident. She suffered a momentary loss of control and struck the NYCHA employee, whom she believed was in a relationship with tenant's former partner. The appeals court found the decision to permit eviction of tenant and her adult daughter to be so disproportionate to the offense as to be "shocking to one's sense of fairness." NYCHA presented no proof that tenant's continued occupancy presented concern for the safety of NYCHA employees or other tenants. The court ruled that NYCHA must find a lesser penalty for tenant. 

Matter of Bryant v. Garcia: 137 N.Y.S.3d 691, 2021 NY Slip Op 00521 (App. Div. 1 Dept.; 2/2/21; Renwick, JP, Webber, Gonzalez, Scarpulla, JJ)