Tenant Can Be Evicted for Chronic Nonpayment

March 7, 2012

LVT Number: #23940

Landlord NYCHA held a hearing and decided to terminate tenant's lease based on chronic nonpayment of rent and harassment of former co-tenant. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court and appeals court ruled against tenant. There was substantial evidence to support NYCHA's ruling. In a January 2008 housing court stipulation, tenant agreed to pay $3,500 in back rent owed. But tenant hadn't paid rent since August 2007 and, by April 2009, owed $11,000. Tenant also admitted that she hadn't paid this rent.

Landlord NYCHA held a hearing and decided to terminate tenant's lease based on chronic nonpayment of rent and harassment of former co-tenant. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court and appeals court ruled against tenant. There was substantial evidence to support NYCHA's ruling. In a January 2008 housing court stipulation, tenant agreed to pay $3,500 in back rent owed. But tenant hadn't paid rent since August 2007 and, by April 2009, owed $11,000. Tenant also admitted that she hadn't paid this rent. NYCHA also believed the co-tenant's testimony concerning tenant's harassment. NYCHA's penalty of tenancy termination wasn't disproportionate to tenant's offenses, and its decision was upheld.

Devins v. NYCHA: NYLJ, 2/27/12, p. 20, col. 1 (App. Div. 1 Dept.; Mazzarelli, JP, Catterson, Renwick, Abdus-Salaam, Manzanet-Daniels, JJ)

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