NYCHA Tenant Can Be Evicted for Objectionable Conduct

March 1, 2011

LVT Number: #23213

Landlord NYCHA terminated a tenancy for nondesirability and breach of rules and regulations based on tenant's objectionable conduct. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. NYCHA's decision wasn't shocking to a sense of fairness. Tenant and her adult son repeatedly banged on an upstairs neighbor's floor from below, played loud music, and threatened to injure the neighbor. The police were called to the building on many occasions.

Landlord NYCHA terminated a tenancy for nondesirability and breach of rules and regulations based on tenant's objectionable conduct. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. NYCHA's decision wasn't shocking to a sense of fairness. Tenant and her adult son repeatedly banged on an upstairs neighbor's floor from below, played loud music, and threatened to injure the neighbor. The police were called to the building on many occasions. Tenant's conduct threatened the health, safety, and welfare of the neighbor, and continued despite many efforts by NYCHA to mediate the problem and notice to tenant that she faced eviction if it continued.

Spencer v. NYCHA: NYLJ, 2/24/11, p. 26, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Catterson, Manzanet-Daniels, JJ)

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