Public Housing Tenant's Son Has Criminal Record
LVT Number: 15081
Facts: Public housing tenant's son claimed pass-on rights after tenant died in 1995. Landlord NYCHA ruled against him after a hearing, finding that his criminal record made him ineligible for public housing. At the hearing, tenant's son had been given a chance to show if he had rehabilitated himself. But he presented no proof. Tenant's son appealed. The court ruled for him, finding that he hadn't had a fair hearing and that the federal rules governing pass-on rights in public housing weren't properly applied. Landlord then appealed. Court: Landlord wins. Tenant's son didn't become a tenant until NYCHA ruled that he was eligible. Landlord was allowed to consider the son's criminal record in deciding whether to give him pass-on rights. Some of the son's convictions were for theft, trespass, and injuring a dog. These kinds of crimes were related to the safety of other tenants and were properly considered in rejecting the son's application.
Falson v. NYCHA: NYLJ, 6/4/01, p. 26, col. 1 (App. Div.1 Dept.; Sullivan, PJ, Andrias, Ellerin, Rubin, Buckley, JJ)