NYCHA Must Hold Hearing on Tenant's Request to Allow Roommate
LVT Number: #31041
NYCHA placed a condition on long-term tenant's tenancy, to permanently exclude tenant's roommate from the apartment based on his criminal record. Tenant applied to NYCHA to remove the condition. NYCHA ruled against tenant without holding a hearing. Tenant filed an Article 78 court appeal, claiming that NYCHA's action was arbitrary and an abuse of discretion. The court ruled for tenant, finding that the hearing officer abused his discretion by denying tenant's request for a hearing and NYCHA's decision failed to consider issues raised in tenant's submitted reply papers. The court annulled NYCHA's decision and sent the case back for a hearing on tenant's application.
Blount v. NYCHA: Index No. 101473/19, NYLJ No. 1598968174 (Sup. Ct. NY; 6/29/20; Madden, J)