NYCHA Tenant Put On Probation, Son Banned for Having Gun

October 31, 2007

LVT Number: #19965

Landlord NYCHA placed tenant on probation for one year and permanently banned her son from tenant's apartment after tenant's son was arrested at the building for possession of a handgun. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. NYCHA found that tenant was nondesirable and made a decision that wasn't unfair. Possession of a handgun on NYCHA property posed a clear danger to other tenants and NYCHA's employees.

Landlord NYCHA placed tenant on probation for one year and permanently banned her son from tenant's apartment after tenant's son was arrested at the building for possession of a handgun. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. NYCHA found that tenant was nondesirable and made a decision that wasn't unfair. Possession of a handgun on NYCHA property posed a clear danger to other tenants and NYCHA's employees.

McLurkin v. Hernandez: NYLJ, 10/22/07, pg. 28, col. 5 (App. Div. 1 Dept.; Nardelli, JP, Gonzalez, Sweeny, McGuire, Kavanagh, JJ)

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