MATTER OF HERNANDEZ v. NEW YORK CITY HOUSING AUTHORITY

39, 101016/14

135 A.D.3d 643 (2016)

24 N.Y.S.3d 66

2016 NY Slip Op 00585

In the Matter of RACHEL HERNANDEZ, Petitioner, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2016.


There was no requirement to transfer this proceeding pursuant to CPLR 7804(g) since petitioner concedes that she violated the permanent exclusion stipulation. Petitioner argues that the penalty of termination of tenancy is contrary to law.

The permanent exclusion stipulation, which petitioner entered into in August 2009, provided that, in exchange for the preservation of her tenancy after the excluded person allegedly engaged in criminal activity in the apartment...

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