NYCHA Can Evict Tenant for Drug-Related Criminal Activity

December 16, 2019

LVT Number: #30509

Tenant filed an Article 78 court appeal of landlord NYCHA's decision, after a hearing, that tenant was ineligible to continue her apartment occupancy based on nondesirability. Landlord had charged tenant with nondesirability on the basis of drug-related criminal activities conducted by others from her apartment. The court ruled against tenant. NYCHA's decision to terminate the tenancy was supported by substantial evidence. And NYCHA's decision to terminate the tenancy wasn't so disproportionate to the offense as to shock one's sense of fairness.

Tenant filed an Article 78 court appeal of landlord NYCHA's decision, after a hearing, that tenant was ineligible to continue her apartment occupancy based on nondesirability. Landlord had charged tenant with nondesirability on the basis of drug-related criminal activities conducted by others from her apartment. The court ruled against tenant. NYCHA's decision to terminate the tenancy was supported by substantial evidence. And NYCHA's decision to terminate the tenancy wasn't so disproportionate to the offense as to shock one's sense of fairness. There was no abuse of discretion.

Burton v. NYCHA: 2019 NY Slip Op 08402, Index No. 2018-06375 (App. Div. 2 Dept.; 11/20/19; Scheinkman, PJ, LaSalle, Nelson, Iannacci, JJ)

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