Guns and Ammunition Found in Apartment

October 31, 2009

LVT Number: #22231

After conducting a hearing, landlord NYCHA terminated tenancy on grounds of nondesirability and breach of its rules and regulations. Tenant appealed NYCHA's decision, claiming that it was unreasonable. Although police had recovered nine firearms and over 400 rounds of ammunition in tenant's apartment, she claimed that they belonged to her boyfriend and that she didn't know they were there. The court ruled against tenant. The hearing officer didn't believe tenant, and his decision was entitled to deference.

After conducting a hearing, landlord NYCHA terminated tenancy on grounds of nondesirability and breach of its rules and regulations. Tenant appealed NYCHA's decision, claiming that it was unreasonable. Although police had recovered nine firearms and over 400 rounds of ammunition in tenant's apartment, she claimed that they belonged to her boyfriend and that she didn't know they were there. The court ruled against tenant. The hearing officer didn't believe tenant, and his decision was entitled to deference. In addition, there was substantial proof at the hearing that tenant violated the terms of her lease by allowing her boyfriend, an unauthorized occupant, to live in the apartment. Permitting NYCHA to evict tenant wasn't an unfair result.

Diaz v. Hernandez: NYLJ, 10/19/09, p. 26, col. 4 (App. Div. 1 Dept.; Andrias, JP, Sweeny, Nardelli, Richter, Abdus-Salaam, JJ)

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