Opinion · Nylaw New York

MUNICIPAL HOUS. AUTH. FOR CITY OF YONKERS v. WALCK, 277 App. Div. 791 (1950)

Mun. Hous. Auth. FOR THE CITY OF YONKERS, Respondent, v. FRANKWALCK et al., Appellants., 277 A.D. 791 (Appellate Division of the Supreme Court of New York, Second Department. 1950)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1950-05-22
Topic
general

MUNICIPAL HOUS. AUTH. FOR CITY OF YONKERS v. WALCK, 277 App. Div. 791 (1950) MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, Respondent, v.

Citator

UpLaw has not yet analyzed MUNICIPAL HOUS. AUTH. FOR CITY OF YONKERS v. WALCK, 277 App. Div. 791 (1950). The absence of a flag is not a finding that it is good law.

MUNICIPAL HOUS. AUTH. FOR CITY OF YONKERS v. WALCK,277 App. Div. 791(1950)
MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, Respondent, v. FRANK
WALCK et al., Appellants.
Appellate Division of the Supreme Court of New York, Second Department.
May 22, 1950.
In summary proceedings to dispossess tenants in a low-rent housing project, erected with aid under the United States Housing Act of 1937, as amended (U.S. Code, tit. 42, §§ 1401-1430), the petitions of the landlord, The Municipal Housing Authority for the City of Yonkers, organized under the New York Public Housing Law, were dismissed on the merits by the City Court of Yonkers. Order, on reargument, of the County Court of Westchester County reversing the order of the City Court of Yonkers and remanding the proceedings to the City Court of Yonkers for further disposition, unanimously affirmed, with costs. In our opinion the landlord had full power to maintain the proceedings under subdivision (b) of section 209 of the Housing and Rent Act of 1947 (U.S. Code, tit. 50, Appendix, § 1899, subd. [b]), subdivision (b) of section 502 of the Housing Act of 1948 ( U.S. Code, tit. 42, § 1404a) and subdivision 1 of section37of the New York Public Housing Law. (Waltonv.City of Phoenix,69 Ariz. 26;Paxsonv.Smock,73 F. Supp. 793,796.) The leases were validly terminated at the expiration of the current term thereof by service of a thirty-day notice of termination as provided by the lease. (Real Property Law, §232-b.) Paragraph 4 of the leases conferred no right upon the tenants to remain in possession of the demised premises. (U.S. Code, tit. 42, § 1413a;Columbus Metropolitan Housing Authorityv.Stires,84 Ohio App. 331;Brandv.Chicago Housing Authority,120 F.2d 786, 788.)
Present — Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ.