NYCHA Tenant's Default Vacated in Chronic Nonpayment Case

February 20, 2015

LVT Number: #25981

NYCHA held a hearing based on a claim of tenant's chronic late payment of rent and ruled that tenant could be evicted after tenant failed to appear for the hearing. Tenant filed an Article 78 appeal and argued that NYCHA's decision was unreasonable. Tenant claimed that a NYCHA representative told her that if she paid her back rent she wouldn't have to come to "the meeting." She said she had difficulty understanding and was receiving mental health counseling. The court ruled for tenant. Tenant had promptly sought to vacate the default and paid her rent arrears.

NYCHA held a hearing based on a claim of tenant's chronic late payment of rent and ruled that tenant could be evicted after tenant failed to appear for the hearing. Tenant filed an Article 78 appeal and argued that NYCHA's decision was unreasonable. Tenant claimed that a NYCHA representative told her that if she paid her back rent she wouldn't have to come to "the meeting." She said she had difficulty understanding and was receiving mental health counseling. The court ruled for tenant. Tenant had promptly sought to vacate the default and paid her rent arrears. Tenant didn't understand that a chronic nonpayment claim involved more than the payment of rent presently owed and a continuation of the case. So she had a reasonable excuse to miss the hearing. Since tenant was a senior citizen and seemed to have some mental health issues, terminating her tenancy based on an unintended default was too harsh a penalty. The case was sent back to NYCHA for a new hearing with a guardian ad litem appointed for tenant.

Matias v. NYCHA: Index No. 401522/2013, NYLJ No. 1202716207920 (Sup. Ct. NY; 1/21/15; Ling-Cohan, J)

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