Resident Can Be Evicted for Objectionable Conduct

Facts: The New York City Housing Authority (NYCHA) terminated a household's tenancy for nondesirability and breach of the house rules and regulations, based on the resident's objectionable conduct. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable.

Decision: The court ruled against the resident.

Reasoning: NYCHA's decision wasn't shocking to a sense of fairness, said the court. The resident and her adult son repeatedly banged on an upstairs neighbor's floor from below, played loud music, and threatened to injure the neighbor. The police were called to the site on many occasions. The resident's conduct threatened the health, safety, and welfare of the neighbor, and continued despite NYCHA's many efforts to mediate the problem and despite notice to the resident that she faced eviction if the behavior continued.

• Spencer v. New York City Housing Authority, February 2011