Apartment Occupant Involved in Sale of Drugs

Tenant appealed landlord NYCHA's administrative decision to terminate her tenancy based on its finding that an unauthorized occupant of her apartment had possessed drugs in the immediate vicinity of the housing development. Tenant's son had been arrested for possession of drugs while sitting in a car parked in front of the building complex. Tenant signed an agreement with landlord stating that she wouldn't let her son back into the apartment. Landlord later found that tenant's son was living with her. Tenant didn't speak English, and now claimed she didn't understand the agreement. The court ruled for tenant, finding that the penalty far outweighed the offense. Tenant had lived in the apartment for 24 years with no other incident either before or after her son's arrest for misdemeanor possession of marijuana. She'd permitted him to live with her temporarily and also had three younger children. The court sent the case back to NYCHA for consideration of a lesser penalty.

Vega v. NYCHA: NYLJ, p. 26, col. 2 (2/23/99) (Sup. Ct. NY; Shainswit, J)