NYCHA Can't Evict Tenant After Gun and Marijuana Found in Apartment

November 15, 2012

LVT Number: #24438

NYCHA terminated tenant's lease for nondesirability and breach of building rules after a firearm was recovered from, and marijuana was seen in, tenant's apartment. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. The court ruled for tenant. Tenant had lived in the building for 23 years, was a single mother of five children, including two minors. Tenant wasn't present during the apartment search and hadn't been charged with any crime.

NYCHA terminated tenant's lease for nondesirability and breach of building rules after a firearm was recovered from, and marijuana was seen in, tenant's apartment. Tenant filed an Article 78 appeal, claiming that NYCHA's decision was unreasonable. The court ruled for tenant. Tenant had lived in the building for 23 years, was a single mother of five children, including two minors. Tenant wasn't present during the apartment search and hadn't been charged with any crime. Since this was the only incident in tenant's long history at the building, the penalty of eviction shocked the conscience. NYCHA's decision was revoked by the court.

Grant v. NYCHA: Index No. 106199/11, (Sup. Ct. NY; 10/11/12, Ling-Cohan, J)

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