Public Housing Tenant Can't Be Evicted for Son's Drug Activity

August 31, 2011

LVT Number: #23611

The town housing authority, acting as agent for landlord, terminated tenant's lease based on her son's drug-related criminal activity at the building. Tenant filed a grievance and request for reinstatement, which was denied. Landlord then sued to evict tenant. The court ruled against landlord. The termination of the tenancy wasn't a state action, and tenant was entitled to a full review of the facts in court. The court ruled that since tenant's son was permanently excluded from the apartment, it would be unfair to evict his mother.

The town housing authority, acting as agent for landlord, terminated tenant's lease based on her son's drug-related criminal activity at the building. Tenant filed a grievance and request for reinstatement, which was denied. Landlord then sued to evict tenant. The court ruled against landlord. The termination of the tenancy wasn't a state action, and tenant was entitled to a full review of the facts in court. The court ruled that since tenant's son was permanently excluded from the apartment, it would be unfair to evict his mother.

Millenium Hills Housing Development v. Davis: Index No. HULT666-10, NYLJ No. 1202512713330 (Dist. Ct. Suffolk; 8/19/11; Hackeling, J)

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