Tenant Who Settled Can't Challenge Notice to Terminate

April 1, 2006

LVT Number: 18767

Landlord NYCHA notified tenant that it would seek eviction based on nondesirability. Tenant's boyfriend, an unauthorized apartment occupant, had assaulted tenant in the apartment. Landlord and tenant settled the case. Tenant agreed to permanently exclude the boyfriend from the apartment. Tenant later appealed NYCHA's decision to issue the eviction notice. She claimed that NYCHA's policy was vague and that its practice of seeking eviction of victims of domestic violence was unconstitutional. The court ruled against tenant. Tenant appealed and lost.

Landlord NYCHA notified tenant that it would seek eviction based on nondesirability. Tenant's boyfriend, an unauthorized apartment occupant, had assaulted tenant in the apartment. Landlord and tenant settled the case. Tenant agreed to permanently exclude the boyfriend from the apartment. Tenant later appealed NYCHA's decision to issue the eviction notice. She claimed that NYCHA's policy was vague and that its practice of seeking eviction of victims of domestic violence was unconstitutional. The court ruled against tenant. Tenant appealed and lost. Once tenant settled the case with landlord, there were no grounds for appeal.

Gates v. Hernandez: NYLJ, 3/2/06, p. 28, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Marlow, Williams, Sweeny, Malone, JJ)

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