Tenant's Appeal of NYCHA Tenancy Termination Untimely

Landlord NYCHA terminated tenant's lease based on her failure to verify her income. Tenant filed an Article 78 petition, appealing NYCHA's decision. NYCHA claimed that tenant's appeal was untimely, since it was filed more than four months after NYCHA's decision. Tenant claimed that she never received notice of the decision. The court ruled against tenant, finding no good cause to vacate the default. NYCHA had notified tenant of her lease violation, and tenant failed to appear at a meeting with landlord. Tenant also then consented to adjourn the hearing before NYCHA to March 6, 2008. Tenant failed to appear, and NYCHA decided to terminate her tenancy. Tenant asked for a new hearing on March 20, 2009, then claiming she never received notice of NYCHA's decision. Since tenant had agreed to the March 6, 2008, hearing date, it was doubtful that she didn't receive NYCHA's decision after she failed to appear.

Warren v. NYCHA: 400853/10, NYLJ 1202469987793 (Sup. Ct. NY; Lobis, J; 7/23/10)