Padilla v. Martinez

752 N.Y.S.2d 28 (N.Y. App. Div. 2002) ; Clearinghouse Number: 55139

Description

Termination of Tenancy Is Annulled Because Housing Authority Exploited Unrepresented Tenant’s Mental Incapacity

Abstract

The New York Supreme Court, Appellate Division, annulled termination of a tenancy because tenant was incapable of representing herself, and housing authority, exploiting her mental incapacity, rendered the termination of tenancy proceedings manifestly unfair. Housing authority served tenant with a notice commencing termination of tenancy proceedings for nondesirability and charging that she assaulted a housing manager. Tenant, who received Supplemental Security Income due to a learning disability, appeared unrepresented at the hearing. The hearing officer recommended termination of tenancy. On appeal, tenant alleged that housing authority failed to follow federally mandated procedures, her due process rights were violated, and the termination decision was unsupported by substantial evidence and constituted a disproportionate penalty. The court concluded that the hearing officer’s decision relied heavily on unsupported findings. The court also found that housing authority, by asking improper questions and using improperly obtained testimony, took advantage of tenant’s inability to represent herself. Housing authority procedure required the hearing officer to adjourn the hearing and refer tenant for evaluation if tenant appeared incapable of adequately defending her rights and was unrepresented during a hearing. Concluding that the termination failed to comport with basic tenets of due process and housing authority’s own procedures, the court remanded the matter for a new hearing.

Additional Information

Attorney Information
Petitioner/appellant represented by: Marshall Green, The Legal Aid Society, Bronx Neighborhood Office, 953 Southern Blvd., Bronx, NY 10459 (718.991.4758)
Docket Date
2002-12-12 00:00:00+00:00