Tenant's Appeal of NYCHA Decision Dismissed as Untimely

October 10, 2012

LVT Number: #24380

NYCHA terminated the tenancy of public housing tenant for undesirability after finding that she or a roommate possessed and sold cocaine and marijuana from the apartment. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. NYCHA claimed that tenant waited too long to appeal and asked the court to dismiss the petition. The court ruled against NYCHA, who appealed and won. By law, tenant had four months to file an Article 78 appeal, which was due on March 5, 2010, after NYCHA notified tenant of its decision in writing dated Nov. 5, 2009.

NYCHA terminated the tenancy of public housing tenant for undesirability after finding that she or a roommate possessed and sold cocaine and marijuana from the apartment. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. NYCHA claimed that tenant waited too long to appeal and asked the court to dismiss the petition. The court ruled against NYCHA, who appealed and won. By law, tenant had four months to file an Article 78 appeal, which was due on March 5, 2010, after NYCHA notified tenant of its decision in writing dated Nov. 5, 2009. Tenant didn't file her appeal until August 2011. Contrary to the lower court's finding, NYCHA wasn't required to by law or due process to advise tenant of the applicable appeal time limitation. Tenant's appeal was time-barred and must be dismissed.

Noel v. NYCHA: NYLJ, 9/14/12, p. 26, col. 1 (App. Div. 2 Dept.; Dillon, JP, Dickerson, Austin, Miller, JJ)

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