NYCHA Can't Evict Tenant After Husband's Drug Arrest

April 7, 2012

LVT Number: #23989

Landlord NYCHA terminated tenant's lease for undesireability after heroin and drug paraphernalia were found in tenant's apartment. Tenant appealed NYCHA's decision, claiming that it was unreasonable. The court agreed, granted tenant's Article 78 petition, and sent the case back for reconsideration. Tenant's husband was arrested for possession of the drugs, but the case was dismissed. The husband didn't live in the apartment but only visited occasionally. Although there was substantial evidence of the drugs, the court found that the penalty was disproportionate.

Landlord NYCHA terminated tenant's lease for undesireability after heroin and drug paraphernalia were found in tenant's apartment. Tenant appealed NYCHA's decision, claiming that it was unreasonable. The court agreed, granted tenant's Article 78 petition, and sent the case back for reconsideration. Tenant's husband was arrested for possession of the drugs, but the case was dismissed. The husband didn't live in the apartment but only visited occasionally. Although there was substantial evidence of the drugs, the court found that the penalty was disproportionate. It would be unfair to evict the long-term tenant and her children under the circumstances.

Vega v. NYCHA: Index No. 400120/11, NYLJ No. 120254429257 (Sup. Ct. NY; 2/27/12; Mendez, J)

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