Tenant Who Failed to Appear for NYCHA Hearing Evicted

December 1, 2009

LVT Number: #22291

Tenant failed to appear at a NYCHA hearing on termination of her tenancy. NYCHA ruled that eviction could proceed based on tenant’s default. Tenant appealed, but while the appeal was pending, landlord started an eviction proceeding and tenant was evicted. The appeals court ruled against tenant. The appeals court couldn’t vacate the housing court judgment against tenant. And there was no reason to revoke NYCHA’s decision.

Tenant failed to appear at a NYCHA hearing on termination of her tenancy. NYCHA ruled that eviction could proceed based on tenant’s default. Tenant appealed, but while the appeal was pending, landlord started an eviction proceeding and tenant was evicted. The appeals court ruled against tenant. The appeals court couldn’t vacate the housing court judgment against tenant. And there was no reason to revoke NYCHA’s decision. Tenant presented no excuse for her failure to attend the NYCHA hearing and offered no evidence to support any defense against NYCHA’s reasons for terminating her tenancy.

Cherry v. NYCHA: NYLJ, 11/9/09, p. 27, col. 6 (App. Div. 1 Dept.; Sweeny, JP, Buckley, Catterson, Acosta, Freedman, JJ)

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