NYACK – A tenant of the
Village of Nyack Housing Authority, who sued the agency for the $8.25
charge to clear a clogged bathtub drain in her apartment, has lost her
case.
Sherry Scott, represented by the Legal Aid Society of Rockland County,
filed an Article 78 proceeding against the housing authority, maintaining
she should not be required to pick up the cost of the service.
The Appellate Division of State Supreme Court noted, though, that rental
leases specifically provide that “the cost to repair a condition
attributable to a tenant’s action or neglect would be borne by the
tenant.” The court said that after a grievance meeting, the housing
authority determined Scott was responsible for the drain clearing charge.
Following the commencement of the proceeding, the State Supreme Court
transferred it to the Appellate Division, which that court said was in
error. But, since the full administrative record was before the appeals
court, judged agreed to decide the case.
The court noted that the record established that the clogged drain was
caused by Scott, who had exclusive occupancy of the apartment.
