Tenant Didn't Disclose Son's Criminal Activity

November 1, 1997

LVT Number: 11914

Facts: Yonkers public housing tenant was 63 years old and lived in the apartment for 30 years under a month-to-month lease. Tenant's adult son moved in with her at some point and later was arrested and convicted for forcing another tenant into tenant's apartment at knife point and raping her. The Public Housing Authority (PHA) held a hearing and ruled that tenant should be evicted. Tenant appealed, arguing that she'd previously lived in the apartment without incident and that since her son was now in jail, no further incident was likely. Court: Tenant loses.

Facts: Yonkers public housing tenant was 63 years old and lived in the apartment for 30 years under a month-to-month lease. Tenant's adult son moved in with her at some point and later was arrested and convicted for forcing another tenant into tenant's apartment at knife point and raping her. The Public Housing Authority (PHA) held a hearing and ruled that tenant should be evicted. Tenant appealed, arguing that she'd previously lived in the apartment without incident and that since her son was now in jail, no further incident was likely. Court: Tenant loses. Tenant had violated a number of lease provisions. The lease required tenant to prevent criminal activity in the apartment. Tenant also violated her lease by permitting her son to live in the apartment without being named in the lease and by not reporting her change in income. The combination of several serious lease violations amounted to good reasons for eviction.

Coleman v. Municipal Housing Authority of Yonkers: NYLJ, p. 29, col. 1 (10/7/97) (Sup. Ct. Westchester; Nastasi, J)

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