Municipal Housing Authority for the City of Yonkers v. Jones

In Municipal Housing Authority for the City of Yonkers v. Jones, 13 Misc 3d 141[A], 2006 NY Slip Op 52262[U] [App.Term. 2006] the Court concluded that the tenants of the Housing Authority were entitled to a trial de novo. This holding was predicated on the fact that the parties' lease agreement stated that, "a decision by the Hearing officer which denies the relief requests by the complainant shall not constitute a waiver of, nor affect, in any way, the rights of the complainant to a trial de novo or judicial review which may thereafter be brought in the matter." This lease provision differs from that of 24 C.F.R. 966.57 because it omits the words "any" and "may have" as found in the federal regulation. Thus, the Yonkers Court gave these omissions deference and held that the omissions "affirmatively suggest that a tenant has a right to a trial de novo." (Id. at 2). The Court did not rule whether a trial de novo would be granted had these words been included in the Petitioner's Grievance Procedure.