NYCHA Tenant Readmitted Banned Son to Apartment

Landlord NYCHA terminated tenant’s tenancy after she let her son stay overnight at the apartment. Previously, NYCHA had determined that the son must not be allowed to enter the apartment. Tenant filed an Article 78 court appeal, claiming that landlord’s decision was unreasonable. The court and appeals court ruled against tenant. The reason the son was excluded from the apartment was that he had stabbed someone to death during the time that he was an authorized apartment occupant. NYCHA investigators later found him in the apartment without his shirt or shoes on. He claimed that tenant had let him in the day before to pick up clothing and he decided to spend the night. NYCHA’s decision didn’t shock the court’s sense of fairness since other tenants shouldn’t be placed at risk by the son’s criminal activities.

Romano v. NYCHA: 121 A.D.3d 503, NY Slip Op 06922 (App. Div. 1 Dept.; 10/14/14; Tom, JP, Sweeny, Renwick, Andrias, Clark, JJ)