NYCHA's Decision to Ban Tenant's Grandson Ruled Unfair

June 30, 2011

LVT Number: #23493

Tenant appealed NYCHA's decision to ban tenant's grandson permanently from the building as a condition of tenant's continued occupancy. She had lived in the building for 36 years and argued that NYCHA's decision was unreasonable. The court ruled for tenant. The grandson, at age 18, was arrested with other youths and charged with possession of a loaded gun that was recovered near the building. The grandson was put on probation and completed an employment services program. He was attending school and had stopped associating with the other youths.

Tenant appealed NYCHA's decision to ban tenant's grandson permanently from the building as a condition of tenant's continued occupancy. She had lived in the building for 36 years and argued that NYCHA's decision was unreasonable. The court ruled for tenant. The grandson, at age 18, was arrested with other youths and charged with possession of a loaded gun that was recovered near the building. The grandson was put on probation and completed an employment services program. He was attending school and had stopped associating with the other youths. There was no proof that his behavior was likely to recur. Under the circumstances, NYCHA's penalty was unfair and shocked the conscience. The case was sent back to NYCHA to issue a lesser penalty.

Duryea v. NYCHA: NYLJ, 6/30/11, p. 27, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Renwick, DeGrasse, Freedman, Richter, JJ)

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