Tenant Refuses to Relocate Due to Building Renovation

March 31, 2011

LVT Number: #23274

NYCHA ruled that tenant could be evicted after she refused to relocate to another NYCHA apartment, without legitimate reason. NYCHA had asked tenant to relocate to allow for a major renovation of tenant's building. NYCHA's hearing officer found that tenant showed no evidence to support her safety concerns about the other apartments offered. NYCHA also found that tenant's belief that some of the other apartments were too small wasn't permissible justification for refusing them. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant.

NYCHA ruled that tenant could be evicted after she refused to relocate to another NYCHA apartment, without legitimate reason. NYCHA had asked tenant to relocate to allow for a major renovation of tenant's building. NYCHA's hearing officer found that tenant showed no evidence to support her safety concerns about the other apartments offered. NYCHA also found that tenant's belief that some of the other apartments were too small wasn't permissible justification for refusing them. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. NYCHA's decision was fair, and under the circumstances, terminating the tenancy wasn't shocking.

March v. Rhea: NYLJ, 3/10/11, p. 29, col. 4 (App. Div. 1 Dept.; Andrias, JP, Catterson, Moskowitz, Abdus-Salaam, JJ)

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