NYCHA Tenant Can Be Evicted for Chronic Nonpayment of Rent
LVT Number: #25457
NYCHA, after a hearing, terminated tenant's lease based on tenant's chronic failure to pay rent on time. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was unfair. The court ruled against tenant. Tenant had failed to pay her rent on time between March and December 2010, and for later periods. In May 2011, tenant failed to appear for a hearing before NYCHA. NYCHA ruled against tenant based on her default.
Three months later, tenant asked NYCHA to reopen her default. NYCHA again ruled against tenant, finding that she didn't provide an explanation for failing to appear at the hearing. Tenant then filed an Article 78 petition, which the court dismissed as untimely. Tenant's housing advocate later asked NYCHA to reopen the case, claiming that tenant wasn't mentally competent at the time of her default and that NYCHA should have referred tenant for a mental services evaluation before holding any hearing.
NYCHA now ruled against tenant again, finding insufficient proof that tenant was incapable of understanding the nature of the proceeding against her. Tenant also still owed almost $3,000 in back rent. The court found that NYCHA's decision was rational. There was no proof that NYCHA had any knowledge of tenant's claimed mental impairment at the time it terminated her tenancy or that tenant was mentally incompetent at the time of her default.
Urena v. NYCHA: Index No. 401890/2013, NYLJ No. 1202645163773 (Sup. Ct. NY; 1/31/14; Kern, J)