Public Housing Tenant Claimed Management Offered New Lease

May 31, 1996

LVT Number: 10606

Landlord HPD sued to evict public housing tenant, claiming he was a month-to-month tenant and that he had been arrested at the building for illegal drug activity. Tenant claimed he had been given a lease by the community group that managed the building. The court ruled for landlord. The management group had given tenant a lease in direct violation of its contract with HPD, which stated that no lease could be issued without HPD approval. In addition, tenant was living in the apartment rent-free for six months before moving out under a stipulation he signed in a prior eviction proceeding.

Landlord HPD sued to evict public housing tenant, claiming he was a month-to-month tenant and that he had been arrested at the building for illegal drug activity. Tenant claimed he had been given a lease by the community group that managed the building. The court ruled for landlord. The management group had given tenant a lease in direct violation of its contract with HPD, which stated that no lease could be issued without HPD approval. In addition, tenant was living in the apartment rent-free for six months before moving out under a stipulation he signed in a prior eviction proceeding. So HPD clearly didn't intend to give tenant a lease.

City of New York v. Silva: NYLJ, p. 29, col. 2 (5/22/96) (Civ. Ct. Kings; Hoahng, J)

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