NYCHA Tenant Allowed Drug Activity in Apartment

Tenant appealed NYCHA's decision to terminate her tenancy. In her Article 78 petition, she claimed that NYCHA's decision was unreasonable. The court ruled against tenant. There was substantial proof that tenant violated three separate agreements with NYCHA to bar her grandchildren's father from the apartment because of his illegal drug activities. After several incidents, the father had been arrested in the apartment, where police found marijuana and crack cocaine. NYCHA reasonably determined the credibility of witnesses and, at the time of the hearing, tenant also owed back rent. Although the penalty of eviction was significant, it didn't shock the court's sense of fairness, because the illegal activities that tenant permitted put other residents of the housing development at risk and tenant was unwilling to exclude an individual who used her apartment for criminal activity over an extended period of time. Tenant also had a history of chronic nonpayment of rent.

Gilbert v. NYCHA: NYLJ No. 1202651948706 (App. Div. 1 Dept.; 4/21/14)