NYCHA Default Ruling Against Tenant Set Aside

March 31, 2011

LVT Number: #23312

NYCHA sought to terminate a tenancy for breach of tenant's rental obligations. NYCHA ruled against tenant after she failed to appear for a hearing. Tenant asked NYCHA to open the default judgment, but NYCHA refused. Tenant then appealed, claiming that NYCHA's decision was unreasonable. The court ruled for tenant and reopened the case. Tenant had a death in the family, which was a reasonable excuse to miss a court appearance. And NYCHA's finding that tenant failed to cure her breach was arbitrary and unsupported by evidence.

NYCHA sought to terminate a tenancy for breach of tenant's rental obligations. NYCHA ruled against tenant after she failed to appear for a hearing. Tenant asked NYCHA to open the default judgment, but NYCHA refused. Tenant then appealed, claiming that NYCHA's decision was unreasonable. The court ruled for tenant and reopened the case. Tenant had a death in the family, which was a reasonable excuse to miss a court appearance. And NYCHA's finding that tenant failed to cure her breach was arbitrary and unsupported by evidence.

Mason v. NYCHA: Index No. 109370/10, NYLJ No. 1202488318280 (Sup. Ct. NY; 3/4/11; Lobis, J)

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