Tenant's Appeal of NYCHA Eviction Decision Filed Too Late

July 17, 2014

LVT Number: #25639

Landlord NYCHA terminated tenancy based on tenant's chronic nonpayment of rent and her default in responding to NYCHA's charges. Tenant filed an Article 78 court appeal after NYCHA denied tenant's request to reopen the default. NYCHA argued that tenant ignored many letters regarding her chronic nonpayment and failure to appear at meetings and hearings. Tenant also had admitted the charges, and had agreed to more than one period of probation. The court ruled against tenant. In a prior court proceeding, NYCHA's decision already had been upheld.

Landlord NYCHA terminated tenancy based on tenant's chronic nonpayment of rent and her default in responding to NYCHA's charges. Tenant filed an Article 78 court appeal after NYCHA denied tenant's request to reopen the default. NYCHA argued that tenant ignored many letters regarding her chronic nonpayment and failure to appear at meetings and hearings. Tenant also had admitted the charges, and had agreed to more than one period of probation. The court ruled against tenant. In a prior court proceeding, NYCHA's decision already had been upheld. And tenant filed her new Article 78 petition more than four months after NYCHA issued its final decision. The appeal therefore was untimely.

Reavis v. NYCHA: Index No. 400452/2014, NYLJ No. 1202658568937 (Sup. Ct. NY; 5/23/14; Kern, J)

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