Tenant Who Missed NYCHA Hearing Had No Excusable Default

March 31, 2011

LVT Number: #23319

NYCHA charged tenant with chronic nonpayment of rent. Tenant admitted her continued rent delinquency. NYCHA and tenant signed a probation agreement. NYCHA later sought to terminate tenancy for tenant's continued failure to pay rent on time. Tenant failed to appear for a hearing, and, after an inquest, NYCHA ruled that tenant could be evicted. Tenant asked NYCHA to open the default. NYCHA refused. Tenant appealed and lost. Tenant wasn't entitled to an Article 78 review of the underlying determination to terminate her tenancy.

NYCHA charged tenant with chronic nonpayment of rent. Tenant admitted her continued rent delinquency. NYCHA and tenant signed a probation agreement. NYCHA later sought to terminate tenancy for tenant's continued failure to pay rent on time. Tenant failed to appear for a hearing, and, after an inquest, NYCHA ruled that tenant could be evicted. Tenant asked NYCHA to open the default. NYCHA refused. Tenant appealed and lost. Tenant wasn't entitled to an Article 78 review of the underlying determination to terminate her tenancy. Court review was limited to the question of whether NYCHA reasonably ruled that tenant had no excusable default. NYCHA's decision had a rational basis and was upheld.

Trinidad v. NYCHA: Index No. 402792/10; NYLJ No. 1202488318312 (Sup. Ct. NY; 3/14/11; Kern, J)

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