Public Housing Tenant Can't Correct Breach of Recertification Requirements

June 30, 2000

LVT Number: 14200

Landlord NYCHA held a hearing and ruled that tenant's tenancy should be terminated because she didn't submit annual income and household recertification information. Landlord then sued to evict tenant in housing court. The court ruled for landlord, but gave tenant a chance to correct the breach of the recertification requirements after judgment. Landlord appealed and won. Once NYCHA made its decision after the hearing, tenant's only method of appealing was to start a court case, which she didn't do.

Landlord NYCHA held a hearing and ruled that tenant's tenancy should be terminated because she didn't submit annual income and household recertification information. Landlord then sued to evict tenant in housing court. The court ruled for landlord, but gave tenant a chance to correct the breach of the recertification requirements after judgment. Landlord appealed and won. Once NYCHA made its decision after the hearing, tenant's only method of appealing was to start a court case, which she didn't do. Once landlord brought the eviction case, it was entitled to a judgment of possession and tenant wasn't entitled to correct her breach of the recertification requirements.

NYCHA v. McClinton: NYLJ, 6/7/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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