Tenant Who Caused Fire Ineligible for Public Housing

NYCHA denied tenant's application for public housing, finding she didn't meet admission standards. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court and appeals court ruled against tenant. NYCHA's written admission standards state that a tenant who's responsible for a fire in a prior residence is ineligible for public housing for four years from the date of the fire. NYCHA reasonably relied on proof, including a Fire Marshal's report stating that the fire that occurred in tenant's prior apartment in 2009 was caused by an unattended candle left in combustible material on her kitchen table. There was no proof that anyone else was responsible, and tenant's claim that her landlord was responsible was improperly raised for the first time on appeal.

Jno-Charles v. NYCHA: NYLJ, 6/14/12, p. 25, col. 4 (App. Div. 1 Dept.; Tom, JP, Mazzarelli, Moskowitz, Renwick, Abdus-Salaam, JJ)