Provided by the Law Offices of
Michael Kennedy Karlson, Esq.
Admitted to practice before the Courts of New York State
and the Federal Courts of the Southern, Eastern, Northern and
Western Districts of New York.
Termination of Tenancy Hearings / Article 78 Proceedings:
New York City Housing Authority (NYCHA)
tenants follow a somewhat
different path to their Holdovers. NYCHA generally holds a 'fair
hearing' or 'impartial hearing' before an 'impartial hearing examiner'.
These are usually held at 250 Broadway in Manhattan, even if
reside in a development in another borough.
an Attorney Can Help:
Tenants have the right to be represented by
counsel. Regardless of what your opinion may be as to the fairness of
fair hearings it is essential that this phase of the matter be
contested. If you lose the hearing, or don't bother to show up, the
ensuing Housing Court case will NOT give you another opportunity to
contest the issues which were (or could have been) raised at the
hearing. You may be told that you have essentially lost your Housing
case before it even went to court. Unless NYCHA wants to give you a
break you may hear that the only thing anyone is willing to talk to you
about is time to leave.
If you lose the fair
hearing and still want to fight NYCHA, then you need to consider the
possibility of bringing an Article 78 Proceeding. An Article 78
Proceeding is a lawsuit where YOU sue NYCHA because your fair hearing
wasn't fair or NYCHA failed to follow proper procedure. In an Article
78 Proceeding YOU are the Petitioner. You bring the case against them.
Legal papers need to be prepared and served, but the Judge in the
Article 78 Proceeding has the power to review the hearing process. The
Housing Court does not.
essential that your Article
78 Proceeding is filed on time. You cannot be late filing it. Often
times there will be a delay between when you lose the hearing and when
NYCHA starts the eviction case. They haven't forgotten you. Don't let
your time to start an Article 78 Proceeding expire because you're
waiting for the eviction papers.
Article 78 Proceedings
can also be filed against other governmental entities having nothing to
do with housing.
a Family Member to Your Household:
NYCHA if you want to have a family member move in with you on a
permanent basis they need to file a form called "PERMANENT PERMISSION
REQUEST FOR A FAMILY MEMBER/ADDITIONAL PERSON TO LIVE WITH A
DEVELOPMENT TENANT" and have that request approved. That sounds
reasonable in theory, but in practice many NYCHA tenants report that
Housing Managers and Assistants DO NOT give out this form. Some people
get handed a TEMPORARY request form. That will not generally lead to
the right to keep the apartment as a Remaining Family Member.
Many people, finding the form difficult to obtain, just move
their relative in without permission. But that person will
have the same rights as they would have if they were given permanent
better to have the
permanent permission. If NYCHA will not give you the form, call me. I HAVE THE FORM.
They may change the form in the future, but I have the one revised in
July, 2007. Of course, there are also
eligibility requirements regarding income, criminal background check
and other matters to consider.
relative (or domestic
partner, or returning member of your original household) will have a
much easier time taking over the apartment as a Remaining Family Member
if the permission is granted one year PRIOR to the death or move of the
tenant of record.
an Attorney Can Help:
If the Office will not give you the form, or if they will not
accept the form once you filled it out, or if the appropriate person is
always "out" or "busy", an attorney may be able to get the office to
comply with its own proper procedures. If the refuse to comply with
their own procedures then an Article 78 Proceeding may be appropriate
step to take. Most tenants don't want to go that far when no one is
being evicted yet, but getting everything done properly from the
beginning may help prevent an eviction case from even being started.
All the Chapters, Choice
Types of Evictions
& Rent Reductions
Holdovers & Non-Payments
Types of Evictions
Co-ops, Illegal Units, Roommates
It Yourself Section