After the New York City Housing Authority (NYCHA) opted to evict Dolores Tucker from her apartment, she filed an administrative proceeding with the New York County Supreme Court which transferred the case to the Appellate Division, First Department.
While NYCHA based the eviction on Tucker's failure to report her household income, and she clearly violated that rule, the tenant's "documented and unchallenged mental disability" raised concerns as to the penalty's appropriateness.
Since her 27-year tenancy was otherwise flawless, and she had already started to pay the rent owed under the correct household income, the Justices of the AD1 thought that allowing Tucker's eviction wouldn't be a fair or just result and sent the case back for the "imposition of a lesser penalty."
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To view a copy of the Appellate Division's decision, please use this link: Matter of Tucker v. NYC Housing Authority, Albany Houses