NYCHA Can Evict Tenant Based on Son's Drug Activity

Tenant appealed a NYCHA decision to terminate her lease for nondesirability. After a hearing, NYCHA found that tenant had violated a 2007 settlement agreement to keep her son out of the apartment. The son had been arrested near the building in 2006 for possession and/or sale of crack cocaine. The court ruled against tenant. NYCHA's decision was based on a fair hearing and evidence showed that tenant violated the prior stipulation and exposed other tenants to danger due to the son's criminal activity. Police had found 11 bags of crack cocaine in tenant's kitchen cabinet in 2009. Tenant's claim that she didn't know about the drugs wasn't credible. Tenant also claimed that her son wasn't at the apartment. But the police found the son's NY State ID card in the apartment. It had been issued in 2008 and listed the apartment as the son's address. The son also had keys to the apartment.

Harris v. NYCHA: 2011 NY Slip Op 51946(U), 2011 WL 5142030 (Sup. Ct. NY; 10/21/11; Singh, J)