Tenant Allowed Barred Son Back into Apartment

June 13, 2013

LVT Number: #24879

Landlord NYCHA decided to terminate tenancy based on tenant's violation of a settlement agreement by which tenant promised that her adult son would be permanently excluded from her apartment. Tenant had allowed the son to maintain a room in the apartment where he visited regularly and was arrested for possession of crack cocaine. The prior agreement was based on the son's drug-related activity. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable and not based on substantial proof. The court ruled against tenant.

Landlord NYCHA decided to terminate tenancy based on tenant's violation of a settlement agreement by which tenant promised that her adult son would be permanently excluded from her apartment. Tenant had allowed the son to maintain a room in the apartment where he visited regularly and was arrested for possession of crack cocaine. The prior agreement was based on the son's drug-related activity. Tenant filed an Article 78 court appeal, claiming that NYCHA's decision was unreasonable and not based on substantial proof. The court ruled against tenant. The penalty was severe, but tenant failed to take any action to prevent her son from using the apartment. Other tenants shouldn't be placed at risk by the criminal activities of tenant's son.

Cruz v. NYCHA: 2013 NY Slip Op 03780, 2013 WL 2302079 (App. Div. 1 Dept.; 5/28/13; Mazzarelli, JP, Andrias, DeGrasse, Freedman, Manzanet-Daniels, JJ)

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