Undesirable Tenant Evicted

June 30, 1993

LVT Number: 7076

Landlord New York City Housing Authority (NYCHA) held a hearing and found that tenant was undesirable. Landlord then sued to evict tenant. The housing court dismissed landlord's petition because the court disagreed with landlord's finding. Tenant was found undesirable by landlord because her son had been arrested twice at the building for cocaine possession. But the son now lived upstate. Landlord appealed, and the appeals court ruled for landlord. Landlord had authority to rule that tenant was undesirable. It was wrong for the housing court to rule again on this issue.

Landlord New York City Housing Authority (NYCHA) held a hearing and found that tenant was undesirable. Landlord then sued to evict tenant. The housing court dismissed landlord's petition because the court disagreed with landlord's finding. Tenant was found undesirable by landlord because her son had been arrested twice at the building for cocaine possession. But the son now lived upstate. Landlord appealed, and the appeals court ruled for landlord. Landlord had authority to rule that tenant was undesirable. It was wrong for the housing court to rule again on this issue. Tenant could have appealed NYCHA's decision by bringing an Article 78 proceeding in state Supreme Court.

New York City Housing Authority v. Thoms: NYLJ, p. 23, col. 4 (6/17/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

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