NYCHA Can't Exclude Tenant's Son Who Wasn't Dangerous

NYCHA ruled that tenant’s adult son should be excluded from tenant’s apartment based on 2007 criminal charges. Tenant appealed, claiming that NYCHA’s decision was arbitrary and unreasonable. The court ruled for tenant. Tenant was 69 years old and lived in the apartment with her son and the son’s 5-year-old child. Both tenant and the child depended on the son for daily living assistance. And although the son had pleaded guilty to two misdemeanors in 2007, he had no prior criminal record and no prior problems with NYCHA during the 23 years he lived in the building. The court found NYCHA’s decision shocking since the son posed no threat to any NYCHA tenants or employees.

Matos v. Hernandez: Index No. 402704/08 (App. Div. 1 Dept.; 12/7/10; Mazzarelli, PJ, Acosta, Richter, Abdus-Salaam, Roman, JJ)