Public Housing Tenant's Son Arrested

Landlord NYCHA ruled that tenant should be evicted for nondesirability after tenant's son was arrested for drug possession at the building complex. Tenant appealed. Tenant lived in the apartment with her disabled daughter and two grandchildren. Tenant's son had moved out in 1991 after being arrested for gun possession. At that time, tenant signed an agreement with landlord that her son would be kept out of the apartment permanently. There were no further incidents until tenant's son was arrested in 1994 and gave tenant's address as his own to the police. At a hearing, tenant and others testified that tenant's son didn't live with her and only occasionally visited. The court ruled for tenant and sent the case back to the NYCHA. Based on a transcript of NYCHA's proceedings, the court found that tenant wasn't given a fair hearing. The court also found that the penalty was too harsh. Tenant had lived in the building for 20 years, worked to support the rest of her family, and had herself created no problems.

Stroman v. Franco: NYLJ, p. 25, col. 5 (4/24/96) (Sup. Ct. NY; Schlesinger, J)