Tenant with Criminal Conviction Can't Get Apartment

April 30, 2011

LVT Number: #23320

Market-rate tenant lived in a city-owned apartment building that was regulated under a "50-30-20" rehabilitation program. Fifty percent of the units were market rate, 30 percent were reserved for middle-income tenants, and 20 percent were rented to low-income tenants. Tenant sued landlord, claiming that he was entitled to a low-income unit and that landlord falsely claimed that none were available. The court ruled against tenant. As landlord pointed out, there were unsatisfied civil judgments outstanding against tenant, as well as a criminal conviction.

Market-rate tenant lived in a city-owned apartment building that was regulated under a "50-30-20" rehabilitation program. Fifty percent of the units were market rate, 30 percent were reserved for middle-income tenants, and 20 percent were rented to low-income tenants. Tenant sued landlord, claiming that he was entitled to a low-income unit and that landlord falsely claimed that none were available. The court ruled against tenant. As landlord pointed out, there were unsatisfied civil judgments outstanding against tenant, as well as a criminal conviction. Federal rules barred renting subsidized units to tenants under these conditions.

Corley v. Allstate Realty Associates: Index No. 400026/10, NYLJ No. 1202488700774 (Sup. Ct. NY; 3/16/11; Madden, J)

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