NYCHA Can Evict Tenant Based on Drug-Related Activity

Landlord NYCHA held a hearing and terminated tenancy based on tenant's undesirability. Tenant appealed NYCHA's decision. The court ruled against tenant. In 2003, tenant pleaded guilty to criminal possession of a controlled substance. A police detective also testified at the hearing that he saw tenant holding a gun in his apartment and found drugs and drug paraphernalia in the apartment. Although the criminal charges relating to another arrest of tenant in 2004 were still pending at the time of NYCHA's hearing, and those charges were later dismissed, NYCHA properly considered police documents in reaching its decision.

Bell v. NYCHA: NYLJ, 3/6/08, p. 33, col. 1 (App. Div. 1 Dept.; Nardelli, JP, Williams, Sweeny, Catterson, JJ)