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Matter of Rosa v. New York City Hous. Auth., Straus Houses

Citation: 2018 NY Slip Op 2552Docket: 6265 101297/15

Court: Appellate Division of the Supreme Court of the State of New York; April 12, 2018; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves the New York City Housing Authority's (NYCHA) decision to terminate a tenant's lease due to alleged criminal drug activity and chronic rent delinquency. Initially, the Supreme Court, New York County, annulled NYCHA's determination, citing violations of the tenant's due process rights. However, the Appellate Division, First Department, reversed this judgment, finding that the lower court erred by dismissing crucial testimony due to the sealing of the criminal case. The Appellate Division clarified that administrative proceedings could consider facts forming the basis of sealed records and that hearsay is admissible, supporting substantial evidence findings. The court concluded that NYCHA's actions were justified, supported by the officer's testimony and the tenant's admissions. Additionally, it was within NYCHA's rights to terminate tenancy based solely on chronic rent delinquency. Ultimately, the petition was dismissed, and NYCHA's determination was upheld without costs, affirming the authority's discretion in such matters.

Legal Issues Addressed

Consideration of Sealed Records in Administrative Proceedings

Application: The court held that the IAS court erred in dismissing the arresting officer's testimony due to the sealing of the underlying criminal case, stating that facts leading to charges can be considered in administrative hearings.

Reasoning: The IAS court incorrectly dismissed the arresting officer's testimony based on the sealing of the underlying criminal case, which does not preclude consideration of the facts leading to the charges in administrative proceedings.

Permissibility of Hearsay in Administrative Hearings

Application: The Appellate Division clarified that hearsay evidence is admissible in administrative hearings, contributing to the substantial evidence required for determinations.

Reasoning: The court affirmed that administrative tribunals can utilize evidence independent of sealed records and clarified that hearsay is permissible in such hearings, contributing to substantial evidence for determinations.

Termination of Tenancy for Rent Delinquency

Application: The court recognized NYCHA's discretion to terminate tenancy based on chronic rent delinquency, independent of other allegations.

Reasoning: Additionally, NYCHA had the discretion to terminate Rosa's tenancy based on her chronic rent delinquency alone.