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.
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