Tenant's Dogs Attacked Police Officer

April 30, 2010

LVT Number: #22614

Landlord NYCHA terminated tenant’s lease based on nondesirability after holding a hearing. Tenant appealed, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled against tenant. Tenant had brought three unleashed dogs up to the building roof. Three police officers were conducting a routine patrol there at the time. One of the dogs attacked and injured an officer. NYCHA’s decision was supported by substantial evidence. And terminating the tenancy wasn’t shocking to a sense of fairness in light of the offense.

Landlord NYCHA terminated tenant’s lease based on nondesirability after holding a hearing. Tenant appealed, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled against tenant. Tenant had brought three unleashed dogs up to the building roof. Three police officers were conducting a routine patrol there at the time. One of the dogs attacked and injured an officer. NYCHA’s decision was supported by substantial evidence. And terminating the tenancy wasn’t shocking to a sense of fairness in light of the offense.

Bellamy v. Hernandez: NYLJ, 4/20/10, p. 35, col. 3 (App. Div. 2 Dept.; Rivera, JP, Angiolillo, Balkin, Leventhal, JJ)

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