Tenant Violated 17-Year-Old Agreement to Exclude Girlfriend from Apartment

July 23, 2015

LVT Number: #26301

Landlord NYCHA issued an eviction order against elderly tenant, finding that he had violated a stipulation signed 17 years earlier in which he agreed to exclude his girlfriend from the apartment. At the time, the girlfriend’s teenaged son had vandalized coin-operated washers and dryers at the building project. Later, tenant’s girlfriend periodically returned to live with tenant. NYCHA held a hearing and terminated the tenancy. Tenant filed an Article 78 appeal, claiming that NYCHA’s decision was arbitrary and unreasonable.

Landlord NYCHA issued an eviction order against elderly tenant, finding that he had violated a stipulation signed 17 years earlier in which he agreed to exclude his girlfriend from the apartment. At the time, the girlfriend’s teenaged son had vandalized coin-operated washers and dryers at the building project. Later, tenant’s girlfriend periodically returned to live with tenant. NYCHA held a hearing and terminated the tenancy. Tenant filed an Article 78 appeal, claiming that NYCHA’s decision was arbitrary and unreasonable. The court agreed, finding that NYCHA’s eviction order shocked the conscience. Tenant’s girlfriend had faced serious medical issues and homelessness. She was now in her 50s, wheelchair-bound, frail, and suffering from many chronic, debilitating medical conditions. She relied on tenant to help her with basic needs. The case was sent back to NYCHA to decide a lesser penalty.

 

 

 

Tucker v. NYCHA: Index No. 100582/2013, NYLJ No. 1202730613047 (App. Div. 1 Dept.; 6/23/15; Andrias, JP, Moskowitz, DeGrasse, Gische, Kapnick, JJ)

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