Tenant's Ignorance of Appeal Deadline No Excuse for Default

In November 2009, NYCHA sent tenant a lease termination notice based on chronic nonpayment of rent. A scheduled hearing was canceled while NYCHA and tenant attempted to resolve the issue. NYCHA then sent tenant an amended termination notice and scheduled a new hearing date. Tenant didn't appear for the hearing, and NYCHA ruled against tenant based on her default. Tenant claimed that she had misplaced the hearing notice, but NYCHA refused to reopen the case. Tenant then filed an Article 78 petition appealing NYCHA's decision. NYCHA argued that tenant's appeal was untimely. The court ruled for NYCHA and dismissed the case. Tenant's Article 78 appeal was filed more than four months after NYCHA's decision was issued. It didn't matter that tenant didn't know until too late that she could appeal NYCHA's decision. Ignorance of the law was no excuse for missing a statutory limitations period.

Morrison v. NYCHA: Index No. 401000/2011, NYLJ No. 1202524686437 (Sup. Ct. NY Co.; 10/24/11; Gische, J)