Nondesirability Case Pending Based on Actions of Tenant's Son

April 30, 2003

LVT Number: 16525

Facts: Tenant's son applied to landlord NYCHA for permission to stay in apartment as a remaining family member after tenant moved out. Landlord denied his request. In 1998, landlord had brought a nondesirability case against tenant based on its claim that her son marked graffiti on building property. This case was pending when the son made his request but was withdrawn in 1999. Tenant's son then sued landlord, claiming that its decision was unreasonable. Court: Tenant's son wins.

Facts: Tenant's son applied to landlord NYCHA for permission to stay in apartment as a remaining family member after tenant moved out. Landlord denied his request. In 1998, landlord had brought a nondesirability case against tenant based on its claim that her son marked graffiti on building property. This case was pending when the son made his request but was withdrawn in 1999. Tenant's son then sued landlord, claiming that its decision was unreasonable. Court: Tenant's son wins. By denying the son's pass-on request before resolving the nondesirability case, NYCHA arbitrarily violated its own rules.

Mays-Watt v. Hernandez: NYLJ, 4/2/03, p. 21, col. 2 (Sup. Ct. Bronx; Renwick, J)

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