Housing Authority Can Evict Tenant for Drug-Related Activity

LVT Number: #27373

Tenant filed an Article 78 appeal of the public housing authority’s decision to terminate her tenancy based on violation of her lease through drug-related activity at the apartment. The court ruled against tenant, finding that the housing authority’s decision was based on substantial evidence. The authority’s employee had testified that a large quantity of PCP was discovered in tenant’s apartment during a Police Department search. The decision wasn’t shocking to a sense of fairness. 

 

 

 

Tenant filed an Article 78 appeal of the public housing authority’s decision to terminate her tenancy based on violation of her lease through drug-related activity at the apartment. The court ruled against tenant, finding that the housing authority’s decision was based on substantial evidence. The authority’s employee had testified that a large quantity of PCP was discovered in tenant’s apartment during a Police Department search. The decision wasn’t shocking to a sense of fairness. 

 

 

 

Roper v. Municipal Housing Authority for City of Yonkers: 2016 NY Slip Op 07660, 2016 WL 6773753 (App. Div. 2 Dept.; 11/16/16; Dillon, JP, Dickerson, Duffy, Connolly, JJ)