NYCHA Improperly Terminated Tenancy Based on Son's Appearance at Apartment

July 17, 2014

LVT Number: #25640

NYCHA determined that tenant had violated an agreement to permanently exclude her son from the apartment, and terminated her tenancy. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled for tenant. NYCHA had failed to comply with its own internal procedures. NYCHA took none of the steps adopted to informally resolve such situations, and there was confusion over the scope of the problem.

NYCHA determined that tenant had violated an agreement to permanently exclude her son from the apartment, and terminated her tenancy. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled for tenant. NYCHA had failed to comply with its own internal procedures. NYCHA took none of the steps adopted to informally resolve such situations, and there was confusion over the scope of the problem. Also, tenant wasn't actually on probation when an incident involving her son occurred, so NYCHA acted contrary to its own termination procedures and imposed a harsher penalty that it could have if a hearing was held.

Hernandez v. NYCHA: Index No. 100822/13, NYLJ No. 1202658569063 (Sup. Ct. NY; 5/29/14; Lobis, J)

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