Legal Opinion

New York City Housing Authority v. Williams

Appellate Terms of the Supreme Court of New York

Decided February 9, 1999PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from reversed without costs and motion denied.

In our view, the 10-day-cure period of RPAPL 753 (4) is not available in holdover proceedings brought by the New York City Housing Authority following an administrative adjudication that the tenant is ineligible for continued occupancy. These holdover proceedings are not based on “a claim that the tenant or lessee has breached a provision of the lease” (RPAPL 753 [4]) but upon a 30-day notice terminating the tenant’s month-to-month tenancy. It is true that public housing tenants have a right…

2Cases cited5 opinions

  1. Tyson v. New York City Housing AuthorityDistrict Court, S.D. New York · 1974
  2. Vinson v. Greenburgh Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1968
  3. Vinson v. Greenburgh Housing AuthorityNew York Court of Appeals · 1970
  4. Hudsonview Terrace, Inc. v. MauryAppellate Terms of the Supreme Court of New York · 1979
  5. Mount Vernon Housing Authority v. JordanAppellate Terms of the Supreme Court of New York · 1984

3Cited by6 opinions

  1. O'Quinn v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2001
  2. New York City Housing Authority v. McClintonAppellate Terms of the Supreme Court of New York · 2000
  3. New York City Hous. Auth. v. MajorAppellate Terms of the Supreme Court of New York · 2019
  4. New York City Housing Authority v. McClintonAppellate Terms of the Supreme Court of New York · 2000
  5. New York City Housing Authority v. VelazquezAppellate Terms of the Supreme Court of New York · 2001

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