Posted on July 30, 2010 by Kevin Sheerin

Petitioner tenancy terminated due to Violation of the Housing Authority's Policy

The Matter of the Application of Judy Florence against The New York City Housing Authority

In this Article 78 case, petitioner sought to reverse respondent’s decision to terminate her lease due to failure to register and maintain her two dogs in compliance with the Housing Authority pet policy and her outstanding rent balance.

 

According to the respondent, their decision to terminate her tenancy was based on substantial evidence. First, petitioner admitted that she owned a pit bull that was involved in an attack with her neighbor in the hallway near the petitioner’s apartment and she did not register both of her pets. Second, petitioner also admitted that she failed to pay her rent on time and this was a violation of the housing Authority Policy. According to the Housing authority, failure to make payments on time is a good enough reason to terminate tenancy.

 

The petition was denied and the proceeding is dismissed, without costs and disbursements to the respondent.

 

Read more about this Article 78 case here.

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Posted on January 13, 2010 by Kevin Sheerin

Article 78 appeal to annul tenancy termination denied

Matter of Yasmeen Lugo v The New York City Housing Authority

Petitioner, Yasmeen Lugo, was the sole authorized tenant for her apartment in a New York City Housing Authority (NYCHA) public housing development. According to NYCHA, Petitioner allowed illegal drug transactions to occur in her apartment and was chronically delinquent on her rent payments. These issues caused NYCHA to charge Petitioner with non-desirability, breach of rules and regulations, endangering the welfare of a child, and chronic rent delinquency. After a hearing, NYCHA recommended terminating Petitioner’s tenancy. Petitioner argued that she had no knowledge of any illegal drug dealing activities by her two friends that often stayed in her apartment. The Board adopted the hearing officer’s decision and terminated Petitioner’s tenancy. Petitioner then commenced this Article 78 appeal.

CPLR 7803 states that the court review of a determination of an agency should only be regarding whether or not the determination was made in violation of lawful procedure or was arbitrary and capricious. In this case the decision for termination of tenancy was based on substantial evidence and the Court found no reason in the record to annul the NYCHA’s decision. The Petitioner’s assertion that she was unaware of any illegal drug transactions in her apartment is not sufficient to overcome the other evidence presented at the hearing.

Accordingly, the Supreme Court denied the petition.

Read more about this Article 78 Housing Authority appeal.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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Posted on January 6, 2010 by Kevin Sheerin

Article 78 against NYC Housing Authority denied

Matter of Anne Baldwin v Tino Hernandez, as Chairman and Member of the NYC Housing Authority

Petitioner brought about this Article 78 proceeding to review a determination from the New York City Housing Authority that permanently excluded her son from her public housing apartment.

The reasons behind the Housing Authority’s condition that petitioner may continue tenancy on exclusion of her son for non-desirability were supported by substantial evidence, and not arbitrary and capricious. Petitioner’s son pleaded guilty to assault, threatening two Housing Authority employees, and harassing a former supervisor. These instances all supported the Housing Authority’s decision showing that the exclusion was appropriate and not shocking to the conscience.

Accordingly, the Supreme Court confirmed the determination, denied the petition, and dismissed the proceeding.

Read more about this Article 78 NYC housing authority appeal.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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