Owner Can Evict Resident for Objectionable Conduct

September 27, 2010

Facts: A New York City site owner sued to evict a HUD Section 202/8 resident based on his objectionable conduct. The owner and resident signed a settlement agreement in court. A judgment and eviction warrant were issued, but stayed for a two-year probation period. The resident agreed not to physically or verbally assault anyone. The owner later went back to court and asked for immediate eviction based on the resident's violation of the settlement agreement. After a hearing, the court ruled for the owner. The resident appealed.

Facts: A New York City site owner sued to evict a HUD Section 202/8 resident based on his objectionable conduct. The owner and resident signed a settlement agreement in court. A judgment and eviction warrant were issued, but stayed for a two-year probation period. The resident agreed not to physically or verbally assault anyone. The owner later went back to court and asked for immediate eviction based on the resident's violation of the settlement agreement. After a hearing, the court ruled for the owner. The resident appealed.

Decision: The appeals court upheld the lower court's ruling.

Reasoning: The appeals court agreed with the lower court's finding that the resident was confrontational and verbally abusive toward at least one other resident and two visitors, and that he punched a visitor in the face in the building lobby. The owner could proceed with the eviction.

  • St. Margaret's House HDFC v. Hope, July 2010

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