Tenant Didn't Exclude Occupant Who Engaged in Criminal Activity

February 16, 2016

LVT Number: #26781

Landlord NYCHA terminated tenant’s tenancy after finding that tenant violated a permanent exclusion agreement. Tenant signed that agreement in 2009. NYCHA and tenant agreed that, in exchange for preservation of her tenancy, tenant wouldn't permit the excluded person, who had engaged in criminal activity in the apartment, to either reside in or visit the apartment. Landlord terminated the tenancy after finding the excluded person in the apartment in March 2013. Tenant filed an Article 78 appeal, claiming that NYCHA’s decision was unreasonable.

Landlord NYCHA terminated tenant’s tenancy after finding that tenant violated a permanent exclusion agreement. Tenant signed that agreement in 2009. NYCHA and tenant agreed that, in exchange for preservation of her tenancy, tenant wouldn't permit the excluded person, who had engaged in criminal activity in the apartment, to either reside in or visit the apartment. Landlord terminated the tenancy after finding the excluded person in the apartment in March 2013. Tenant filed an Article 78 appeal, claiming that NYCHA’s decision was unreasonable. The court ruled against tenant, finding that its decision didn’t shock the court’s sense of fairness. Tenant admitted that she violated the permanent exclusion stipulation but claimed that the penalty was too severe. But the penalty wasn’t disproportionate to the offense.

 

 

 
Hernandez v. NYCHA: 2016 NY Slip Op 00585, 2016 WL 326459 (App. Div. 1 Dept.; 1/28/16; Mazzarelli, JP, Acosta, Andrias, Richter, JJ)

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