Robertson v. Popolizio
| Decision Date | 27 January 1992 |
| Citation | 179 A.D.2d 809,579 N.Y.S.2d 153 |
| Parties | In the Matter of Helen ROBERTSON, Petitioner, v. Emanuel POPOLIZIO, etc., et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Kathleen A. Masters, New York City (Robert Belfort, of counsel), for petitioner.
Manuel H. Quintana, New York City (William Stathis, of counsel), for respondents.
Before BRACKEN, J.P., and HARWOOD, LAWRENCE and O'BRIEN, JJ.
MEMORANDUM BY THE COURT.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Housing Authority, dated July 5, 1989, which adopted the recommendation of a hearing officer, made after a hearing, finding that the petitioner tenant was ineligible for continued occupancy on the ground of chronic delinquency in the payment of rent.
ADJUDGED that the petition is granted, on the law, with costs, the determination is annulled, and the matter is remitted to the respondents for further proceedings consistent herewith.
The petitioner, who had lived in her public housing apartment for 16 years, was charged with "Chronic Rent Delinquency" by the respondent New York City Housing Authority. At the hearing on the matter, the petitioner, who appeared pro se, effectively conceded that she had been delinquent in making certain rent payments. However, when the petitioner attempted to explain that she temporarily missed work while she arranged for the care of her grandchildren, of whom she now has custody, the hearing officer interrupted her and precluded her from explaining the reasons for her delinquency. By preventing the petitioner from offering mitigating evidence, the hearing officer deprived her of a fair administrative hearing (see, Matter of Simpson v. Wolansky, 38 N.Y.2d 391, 395-396, 380 N.Y.S.2d 630, 343 N.E.2d 274; Matter of Summers v. D'Elia, 95 A.D.2d 184, 188, 465 N.Y.S.2d 532; Matter of Tufariello v. Barry, 60 A.D.2d 813, 814, 401 N.Y.S.2d 210). Moreover, the hearing officer violated the provisions of paragraph 6(f) of the New York City Housing Authority Terminations of tenancy Procedures which expressly permit a tenant to introduce mitigating evidence.
To continue reading
Request your trial
- Cohen v. Grainger, Tesoriero & Bell Esqs.
-
Matter of Springs v. New York City Housing Authority, 2008 NY Slip Op 32552(U) (N.Y. Sup. Ct. 9/18/2008)
... ... Since NYCHA bears the burden of establishing the requisite notice of the determination [see Bludson Popolizio, 166 A.D.2d 346 (1st Dept. 1990), Iv. denied 78 N.Y.2d 854 (1991)], and as there is a ... factual dispute as to whether petitioner received such ... Christian, 88 A.D.2d 952, 952 (2d Dept. 1982)], nor was Petitioner prevented from offering mitigating evidence. Robertson v. Popolizio, 179 A.D.2d 809 (2d Dept. 1992). Accordingly, it is ... ORDERED ADJUDGED, and DECREED that the New York City Housing ... ...