Tenant Must Pay for Repair When He Caused Condition

March 14, 2017

LVT Number: #27556

Public housing tenant filed an Article 78 appeal of the Housing Authority’s decision to charge tenant $8.25 to fix a clogged bathtub drain in tenant’s apartment. The court ruled against tenant. The court found that the Housing Authority’s decision wasn’t arbitrary or capricious. Tenant had exclusive occupancy and control of the apartment. The fact that the Authority’s executive director testified at a hearing in support of imposing the charge didn’t render the Authority’s ruling arbitrary, capricious, or an abuse of discretion.

Public housing tenant filed an Article 78 appeal of the Housing Authority’s decision to charge tenant $8.25 to fix a clogged bathtub drain in tenant’s apartment. The court ruled against tenant. The court found that the Housing Authority’s decision wasn’t arbitrary or capricious. Tenant had exclusive occupancy and control of the apartment. The fact that the Authority’s executive director testified at a hearing in support of imposing the charge didn’t render the Authority’s ruling arbitrary, capricious, or an abuse of discretion. And tenant’s lease specified that the cost to repair a condition attributable to a tenant’s action or neglect would be paid by tenant.

 

 

Scott v. Village of Nyack Housing Authority: 2017 NY Slip Op 01212, 2017 WL 600184 (App. Div. 2 Dept.; 2/15/17; Eng, PJ, Balkin, Sgroi, Barros, JJ)

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