Tenant Can't Move Back into Apartment

March 1, 1997

LVT Number: 11277

Facts: Tenant's unauthorized roommate was arrested at the building's complex on three occasions for selling drugs. Landlord NYCHA charged tenant with breach of lease and violation of its rules. Tenant twice failed to appear at NYCHA hearings and landlord sued to evict. Landlord and tenant signed a court-ordered stipulation that tenant would move out in three months. Tenant received some extensions and eventually was evicted. She then asked the court several times to allow her to move back in. Court: Tenant loses.

Facts: Tenant's unauthorized roommate was arrested at the building's complex on three occasions for selling drugs. Landlord NYCHA charged tenant with breach of lease and violation of its rules. Tenant twice failed to appear at NYCHA hearings and landlord sued to evict. Landlord and tenant signed a court-ordered stipulation that tenant would move out in three months. Tenant received some extensions and eventually was evicted. She then asked the court several times to allow her to move back in. Court: Tenant loses. Although she didn't have an attorney, tenant understood the terms of the stipulation. And landlord NYCHA's decision to evict tenant was based on its fair policy of evicting tenants because of drug use.

NYCHA v. Murphy: NYLJ, p. 31, col. 4 (2/26/97) (Civ. Ct. Kings; Hoahng, J)

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