NYCHA's Decision to Terminate Tenancy Upheld After Tenant's Default

May 18, 2016

LVT Number: #26959

Landlord NYCHA sought to terminate tenancy due to tenant’s chronic failure to pay rent on time. NYCHA also claimed that tenant illegally sublet her apartment. NYCHA sent tenant a notice informing her of the charges and instructed tenant to attend a hearing scheduled for a specific date if she wished to contest the charges. Tenant failed to appear, and NYCHA issued a decision against tenant. NYCHA denied tenant’s request to reopen the case because tenant didn’t explain why she didn’t appear at the hearing or seek an adjournment. Tenant also owed $4,650 in back rent.

Landlord NYCHA sought to terminate tenancy due to tenant’s chronic failure to pay rent on time. NYCHA also claimed that tenant illegally sublet her apartment. NYCHA sent tenant a notice informing her of the charges and instructed tenant to attend a hearing scheduled for a specific date if she wished to contest the charges. Tenant failed to appear, and NYCHA issued a decision against tenant. NYCHA denied tenant’s request to reopen the case because tenant didn’t explain why she didn’t appear at the hearing or seek an adjournment. Tenant also owed $4,650 in back rent. Tenant then filed an Article 78 court appeal of NYCHA’s decision. Although tenant presented some information to explain her default, NYCHA’s decision was reasonable and must be upheld.

 

 

 

C.F. v. NYCHA: 2016 NY Slip Op 50659(U), 2016 WL 1689112 (Sup. Ct. NY; 4/14/16; Hunter Jr., J)

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