Public Housing Tenant Not Entitled to New Trial

Landlord housing authority sent tenant a termination notice in 2007 based on complaints about tenant's objectionable conduct. Landlord and tenant later signed a settlement agreement, giving tenant another chance to remain in the building by putting him on probation. Tenant was relocated to another apartment and promised not to disrupt the quiet and peaceful enjoyment of other tenants. Landlord withdrew the termination notice and incorporated the terms of the settlement agreement into tenant's lease.

Shortly after relocating tenant, landlord claimed that tenant repeated the banned conduct. Landlord issued another termination notice and a separate notice to vacate. Tenant requested an administrative grievance hearing as permitted by applicable federal regulation. The hearing officer determined that tenant breached the settlement agreement and lease. Landlord then sued in court to evict tenant based on the grievance hearing determination. Tenant asked the court to dismiss the case, claiming that he was entitled to a new trial.

The court ruled against tenant. Tenant didn't have a guaranteed right to a new trial under any regulation or the terms of the settlement agreement. The settlement agreement stated that if tenant violated the lease and settlement agreement after relocating, landlord could evict tenant if it proved at a grievance hearing "and/or" a court eviction proceeding that tenant violated the agreement. Tenant, who was represented by an attorney at all times, had already presented his defense at the grievance hearing where witnesses appeared and he was able to cross-examine them. So landlord was entitled to seek eviction on the basis of the grievance hearing ruling without a new trial in court.

Town of Oyster Bay Housing Authority v. Schwartz: NYLJ, 11/17/09, p. 30, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)