Tenant Can Be Evicted for Subletting NYCHA Apartment

February 1, 2011

LVT Number: #23155

Tenant appealed NYCHA's decision to terminate her tenancy, claiming that it was unreasonable. NYCHA found that she had illegally sublet her subsidized apartment without NYCHA's consent. The court found the penalty too harsh and put tenant on probation for one year. During that period, a subtenant came forward and complained that tenant kicked her out of the apartment where she was subletting a room. NYCHA again terminated the tenancy, and tenant again appealed. This time, the court agreed that NYCHA could evict tenant.

Tenant appealed NYCHA's decision to terminate her tenancy, claiming that it was unreasonable. NYCHA found that she had illegally sublet her subsidized apartment without NYCHA's consent. The court found the penalty too harsh and put tenant on probation for one year. During that period, a subtenant came forward and complained that tenant kicked her out of the apartment where she was subletting a room. NYCHA again terminated the tenancy, and tenant again appealed. This time, the court agreed that NYCHA could evict tenant. Even after being placed on probation, she immediately continued to sublet. Under the circumstances, the penalty was fair.

Davis v.NYCHA: Index No. 401441/2010, NYLJ No. 1202478474187 (Sup. Ct. NY; 1/7/11; Sherwood, J)

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