NYCHA Can't Evict Disabled Tenant Without Accommodating Her

LVT Number: #26708

Landlord NYCHA decided to terminate tenant’s tenancy due to her chronic nonpayment of rent. Tenant filed an Article 78 court appeal, claiming that NYCHA’s decision was unreasonable. The court ruled for tenant and sent the case back for reconsideration. In light of tenant’s disability and her request for an accommodation of her disability, the penalty was too extreme and “shocked the conscience.” The court recommended that NYCHA put tenant on probation and refer her to social services to attempt to resolve her rent payment issues.

 

 

Feister v. Olatoye: Index No. 100971/2014, NYLJ No. 1202743364245 (Sup. Ct. NY; 10/23/15; Lobis, J)