‘Nondesirable' Tenant's Son Seeks Apartment

Facts: Tenant lived in public housing apartment for 17 years with her children. Tenant killed her lover in the apartment and was sent to jail for 5 to 15 years. Tenant's son, who had been stationed in Korea in the Army, returned and said that he wanted to remain in the apartment. At first landlord NYCHA said that this was possible and accepted rent from him. But later landlord terminated the mother's tenancy for nondesirablility and ruled that the son would be evicted. Tenant's son appealed NYCHA's ruling as arbitrary, capricious, and unreasonable. Court: Tenant's son wins. There are conflicting NYCHA regulations concerning tenant nondesirability and pass-on rights. But there is a strong presumption in American law that there is no guilt by association. NYCHA also led tenant's son to believe that he could stay by telling him so and accepting his rent payments for several months. Landlord then sent the notice of termination and a notice of the hearing only to tenant. She defaulted, obviously, because she was in prison. NYCHA claimed the son had no rights. The court ruled that tenant's son was entitled to pass-on rights. But NYCHA was also allowed to accept tenant mother's notice of intent to vacate as a surrender of her rights in the apartment.

Adams v. Franco: NYLJ, p. 26, col. 1 (1/31/96) (Sup. Ct. NY; Freedman, J)