NYCHA Can Evict Nondesirable Tenant

August 31, 2011

LVT Number: #23593

Landlord NYCHA terminated tenant’s lease due to nondesirability after tenant violated four probationary stipulations with NYCHA over a five-year period. Among other things, tenant’s son had been found in possession of marijuana at the building. Tenant sued for court review of NYCHA’s decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant never sought to vacate the stipulations, and there was substantial proof of a pattern of tenant’s violation of her lease obligations.

Landlord NYCHA terminated tenant’s lease due to nondesirability after tenant violated four probationary stipulations with NYCHA over a five-year period. Among other things, tenant’s son had been found in possession of marijuana at the building. Tenant sued for court review of NYCHA’s decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. Tenant never sought to vacate the stipulations, and there was substantial proof of a pattern of tenant’s violation of her lease obligations.

Brown v. NYCHA: Index No. 403587/2010, NYLJ No. 1202509202006 (Sup. Ct. NY; 7/8/11; Mendez, J)

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