NYCHA Can Evict Tenant Whose Son Sold Crack Cocaine

December 1, 2011

LVT Number: #23771

NYCHA terminated tenant's lease after finding that tenant violated a settlement agreement to permanently exclude her son from the apartment and from possessing or selling crack cocaine at the building. Tenant appealed, claiming that NYCHA's decision was unreasonable. Tenant had lived at the housing complex for over 50 years. Her son was an authorized resident until 2007. The court ruled against tenant. NYCHA conducted a fair hearing even if it was based to some extent on hearsay evidence. NYCHA's decision wasn't shocking.

NYCHA terminated tenant's lease after finding that tenant violated a settlement agreement to permanently exclude her son from the apartment and from possessing or selling crack cocaine at the building. Tenant appealed, claiming that NYCHA's decision was unreasonable. Tenant had lived at the housing complex for over 50 years. Her son was an authorized resident until 2007. The court ruled against tenant. NYCHA conducted a fair hearing even if it was based to some extent on hearsay evidence. NYCHA's decision wasn't shocking. Tenant had failed to comply with the stipulation she made with NYCHA, and this endangered other tenants by exposing them to criminal activity.

Harris v. NYCHA: Index No. 403381/2010, NYLJ No. 1202532339169 (Sup. Ct. NY; 10/21/11; Singh, J)

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