NYCHA Can Evict Tenant for Selling Drugs

Landlord NYCHA terminated tenant's public housing tenancy based on nondesirability and breach of NYCHA's rules and regulations. NYCHA found that tenant illegally sold prescription drugs near the housing development. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. There was substantial proof of NYCHA's claim. A police officer testified that he observed tenant selling the drugs. Tenant left her severely disabled daughter alone in the building hallway for extended periods while she did this, threatened to have the arresting officer killed, and was observed by another officer selling the drugs even while NYCHA's hearing on her case was in progress. It didn't matter that the drug sales took place outside the building or that the district attorney eventually dropped the charges against tenant.

Maldonado v. NYCHA: NYLJ, 6/26/09, p. 40, col. 3 (App. Div. 1 Dept.; Tom, JP, Friedman, Catterson, Moskowitz, Richter, JJ)