Tenant Assaulted Neighbor

February 1, 2006

LVT Number: 18661

Landlord NYCHA terminated tenant's tenancy for nondesirability and breach of tenant rules after holding a hearing. At the hearing, NYCHA found that tenant had assaulted a neighbor and violated an order of protection by harassing a neighbor's daughter. Tenant appealed and lost. NYCHA's findings were supported by substantial proof. And there was no indication that tenant was unable to properly represent herself at the hearing. DSS had evaluated tenant and found no proof that she was mentally ill. And tenant had four months to get an attorney before the hearing.

Landlord NYCHA terminated tenant's tenancy for nondesirability and breach of tenant rules after holding a hearing. At the hearing, NYCHA found that tenant had assaulted a neighbor and violated an order of protection by harassing a neighbor's daughter. Tenant appealed and lost. NYCHA's findings were supported by substantial proof. And there was no indication that tenant was unable to properly represent herself at the hearing. DSS had evaluated tenant and found no proof that she was mentally ill. And tenant had four months to get an attorney before the hearing. So NYCHA's refusal to grant a further delay for tenant to get an attorney was reasonable.

Smalls v. NYCHA: NYLJ, 1/26/06, p. 28, col. 1 (App. Div. 1 Dept.; Sullivan, JP, Williams, Gonazalez, McGuire, JJ)

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