Legal Services NYC-Bronx Client Wins Her Day In Court

Legal
Services-NYC Bronx attorney James Jantarasami successfully argued that a Bronx public housing tenant is entitled to her day in court because a lack of representation caused
her to sign an ill-advised stipulation surrendering her rights to her home.

Legal Services NYC's client is the surviving undertenant of a deceased public housing tenant. The New York City Housing Authority (NYCHA) denied her remaining family member (RFM) claim after project & borough level grievances, and a
formal administrative hearing, on the ground that she owed rent arrears.  NYCHA
then commenced a licensee holdover against her.  In Jan ’08 she stipulated
pro se to surrender the apartment
and move out within 3 months.  She stipulated to an extension of two weeks in
April.  Thereafter she retained Legal Services NYC.

Mr. Jantarasami moved to vacate both
stipulations in July.  The motion was argued in October and, by decision dated
12/23/08, the Court vacated the stipulations, judgment & warrant and set the
matter down for trial in Housing
Court on her RFM claim.  Judge Rodriguez found that
our client was never heard on the merits of her succession claim, and on that
basis he rejected NYCHA’s argument that the Hearing Officer’s decision had a
preclusive effect.  He held that because no determination had been made on the
merits of her RFM claim at the administrative level, due process required that
she be heard in Housing
Court.  

Citing the “good cause” standard for vacatur
of stipulations, he held that good cause had been shown here because the
respondent had inadvisedly given up her right to be heard on the merits.  In
addition, our client’s lack of representation at the time was “a significant
factor to be considered.” 

Read a case summary on the New York Law Journal website: NYC Housing Authority v. Jenkins .