NYCHA Can't Evict Ill Tenant for Son's Criminal Activity

March 31, 2011

LVT Number: #23287

NYCHA terminated tenant's tenancy based on nondesireability. Tenant's son possessed marijuana at the apartment, and tenant filed false information with NYCHA about his presence there. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. Tenant was sick with breast cancer, said she was unaware of her son's criminal activity, and had asked him to help her there with daily activities while she was weak and medicated. The court ruled for tenant. NYCHA didn't consider tenant's circumstances, and its penalty was too harsh.

NYCHA terminated tenant's tenancy based on nondesireability. Tenant's son possessed marijuana at the apartment, and tenant filed false information with NYCHA about his presence there. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. Tenant was sick with breast cancer, said she was unaware of her son's criminal activity, and had asked him to help her there with daily activities while she was weak and medicated. The court ruled for tenant. NYCHA didn't consider tenant's circumstances, and its penalty was too harsh. The case was sent back to NYCHA for a more appropriate penalty.

Ottley v. NYCHA: Index No. 9954/09, NYLJ No. 1202487011685 (Sup. Ct. Kings; 3/9/11; Lewis, J)

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