Tenant Can Avoid Eviction by Barring Son

January 1, 2010

LVT Number: #22379

After a hearing, NYCHA ruled that tenant could remain in her apartment if her son was permanently excluded for nondesirability. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. There was substantial evidence supporting NYCHA's decision. The son had pleaded guilty to assaulting a woman, had threatened two NYCHA employees and had left harassing messages on the home telephone of his former work supervisor. NYCHA's decision wasn't shocking to the conscience, under the circumstances.

After a hearing, NYCHA ruled that tenant could remain in her apartment if her son was permanently excluded for nondesirability. Tenant appealed, claiming that NYCHA's decision was arbitrary and unreasonable. The court ruled against tenant. There was substantial evidence supporting NYCHA's decision. The son had pleaded guilty to assaulting a woman, had threatened two NYCHA employees and had left harassing messages on the home telephone of his former work supervisor. NYCHA's decision wasn't shocking to the conscience, under the circumstances.

Baldwin v. Hernandez: NYLJ, 12/31/09, p. 33, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ)

Topics

More like this