Practice point: The Appellate Division confirmed the termination of petitioner's tenancy on the grounds of undesirability
and violation of provisions of the lease and rules and regulations, finding that the agency's determination that, among other things, petitioner
caused a fire in her apartment by lighting a candle in a closet
containing clothing, is supported by substantial evidence. The record also shows that petitioner had
a prior fire in her apartment and that she kept two unregistered pitbull
terrier dogs in her apartment.
Student note: The agency's refusal to accommodate
petitioner by continuing her tenancy subject to the agency's continued
monitoring of her mental health and fire safety compliance did not
violate the Americans with Disabilities Act or the Fair Housing
Amendments Act of 1988.
Case: Hobbs v. New York City Hous. Auth., NY Slip Op 04406 (1st Dept. 2015)
Here is the decision.
Monday's issue: A defamation claim and immunity.
