Resident Can Be Evicted for Subletting Unit

February 28, 2011

Facts: The New York City Housing Authority (NYCHA) determined that a resident had illegally sublet her unit without NYCHA's consent. The resident appealed NYCHA's decision, claiming that it was unreasonable. The court found the penalty too harsh and put the resident on probation for one year. During that period, a subtenant came forward and complained that the resident kicked her out of the unit where she was subletting a room. NYCHA again terminated the tenancy, and the resident appealed.

Ruling: The court agreed that NYCHA could evict the resident.

Facts: The New York City Housing Authority (NYCHA) determined that a resident had illegally sublet her unit without NYCHA's consent. The resident appealed NYCHA's decision, claiming that it was unreasonable. The court found the penalty too harsh and put the resident on probation for one year. During that period, a subtenant came forward and complained that the resident kicked her out of the unit where she was subletting a room. NYCHA again terminated the tenancy, and the resident appealed.

Ruling: The court agreed that NYCHA could evict the resident.

Reasoning: Even after being placed on probation, the resident immediately continued to sublet. Under the circumstances, the penalty was fair, the court said.

  • Davis v. NYCHA, January 2011

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