NYCHA Tenant's Son Used Apartment for Drug Sales

April 23, 2019

LVT Number: #30033

Section 8 tenant filed an Article 78 appeal of landlord NYCHA's decision to terminate her Section 8 subsidy. NYCHA terminated tenant's subsidy because her son used the apartment as part of his illegal drug enterprise. The court ruled against tenant, who appealed and lost. There was substantial proof to support the finding that the apartment was being used by an authorized family member as part of illegal drug conduct.

Section 8 tenant filed an Article 78 appeal of landlord NYCHA's decision to terminate her Section 8 subsidy. NYCHA terminated tenant's subsidy because her son used the apartment as part of his illegal drug enterprise. The court ruled against tenant, who appealed and lost. There was substantial proof to support the finding that the apartment was being used by an authorized family member as part of illegal drug conduct. The record supports NYCHA's findings that tenant wasn't credible and withheld relevant information when she sought to transfer her voucher and remove her son as a household member. The penalty imposed against tenant wasn't so disproportionate to the offense as to shock one's sense of fairness. 

Bautista v. Olatoye: Index No. 8823-100210/17, 2019 NY Slip Op 02422 (App. Div. 1 Dept.; 3/28/19; Renwick, JP, Richter, Kapnick, Kahn, Oing, JJ)

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