Undesirable Tenant

September 30, 1994

LVT Number: 9116

Landlord NYC Housing Authority (NYCHA) sued to end tenant's lease based on undesirability. Tenant didn't show up for the NYCHA hearing, and her lease was cancelled. Tenant asked the agency to vacate her default, and it refused. Landlord then asked the court for an eviction warrant. Tenant argued that she shouldn't be evicted because she hadn't been at the hearing to defend herself. The court dismissed the case against her. Landlord hadn't proved that tenant was undesirable because she'd been denied the chance to contest the charges against her.

Landlord NYC Housing Authority (NYCHA) sued to end tenant's lease based on undesirability. Tenant didn't show up for the NYCHA hearing, and her lease was cancelled. Tenant asked the agency to vacate her default, and it refused. Landlord then asked the court for an eviction warrant. Tenant argued that she shouldn't be evicted because she hadn't been at the hearing to defend herself. The court dismissed the case against her. Landlord hadn't proved that tenant was undesirable because she'd been denied the chance to contest the charges against her. Landlord appealed, and the appeals court ruled for landlord. Tenant can't reopen the issue of her undesirability at the eviction proceeding, even though she defaulted at the hearing.

New York Housing Authority v. Clemente: NYLJ, p. 21, col. 4 (9/23/94) (App. Div. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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