Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Application of Gaines

Supreme Court, New York County

September 16, 2013

In the Matter of the Application of JEZELL GAINES, Petitioner,
v.
NEW YORK CITY HOUSING AUTHORITY, Respondent. Index No. 400797/13

Unpublished Opinion

TANYA R. KENNEDY Justice

The following papers, numbered 1 to_ were read on this petition to/for Art. 78_

PAPERS NUMBERED
Notice of Motion/ Order to Show Cause — Affidavits — Exhibits ... _1- 2_
Answering Affidavits — Exhibits_cross motion _3 - 4
Replying Affidavits 5

Cross-Motion: X Yes No

Petitioner, who is illiterate and self-represented, commenced this Article 78 proceeding to challenge the determination of respondent New York City Housing Authority (hereinafter respondent) which terminated her tenancy at the NYCHA Fort Washington Heights Rehab III Houses, 457 West 164th Street, Apt. 2A, New York, NY 10032, due to chronic rent delinquency, non-desirability and breach of rules and regulations, on the ground that it is arbitrary and capricious.

Respondent cross-moves to dismiss this proceeding on the grounds that petitioner: (1) failed to timely commence this proceeding within the four month statute of limitations; and (2) cannot collaterally attack the Civil Court award of final judgment of possession in favor of respondent.

For the reasons set forth below, the petition is denied, the cross-motion is granted and the proceeding is dismissed.

On April 2, 2009, during a meeting between petitioner and the Housing Manager regarding petitioner's rental arrears, a Housing Assistant entered the meeting to provide petitioner with documentation of such arrears. A verbal altercation ensued when petitioner felt that the Housing Assistant purposefully provoked her by handing petitioner documents which she was unable to read.

Respondent served petitioner with an October 6, 2009 Notice recommending the termination of her tenancy due to charges of repeated failure to timely pay rent at least five times between October 2008 and February 2009; for failure to pay any rent between March 2009 and September 2009; and for non-desirability and breach of rules and regulations as a result of the April 2, 2009 verbal altercation. Petitioner and respondent appeared at a hearing before a Hearing Officer on April 2, 2010 regarding such charges and respondent appointed a guardian ad litem (hereinafter GAL) to assist her.

On May 18, 2010, the Hearing Officer issued a decision sustaining the charges and recommending the termination of petitioner's tenancy. The Hearing Officer determined, inter alia, that petitioner acknowledged that she owed $1, 003.00 in rent arrears, and that even if petitioner perceived that the Housing Assistant disrespected petitioner because of her disability, petitioner's reaction was nonetheless inappropriate. Respondent adopted the Hearing Officer's decision on June 2, 2010 and mailed its determination to petitioner and the GAL on June 9, 2010.

Respondent commenced a holdover proceeding against petitioner in Civil Court on or about October 6, 2010 and a GAL was appointed to assist her. Following a trial in the holdover proceeding, respondent was granted a final judgment of possession on May 30, 2012. Petitioner then commenced this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.