Tenant Didn't Keep Drug-Dealing Boyfriend Out of Apartment

June 10, 2012

LVT Number: #24144

NYCHA terminated tenant's tenancy based on nondesirability, violation of agency rules, violation of a prior settlement agreement, and chronic late rent payment. Tenant appealed NYCHA's decision by Article 78 petition and lost. There was substantial evidence supporting NYCHA's decision. On two separate occasions in 2008, police had used search warrants to recover marijuana and methadone from tenant's apartment. Tenant also had previously agreed in 2006 to permanently exclude the father of her youngest child from the apartment. He was the target of the 2008 search warrants.

NYCHA terminated tenant's tenancy based on nondesirability, violation of agency rules, violation of a prior settlement agreement, and chronic late rent payment. Tenant appealed NYCHA's decision by Article 78 petition and lost. There was substantial evidence supporting NYCHA's decision. On two separate occasions in 2008, police had used search warrants to recover marijuana and methadone from tenant's apartment. Tenant also had previously agreed in 2006 to permanently exclude the father of her youngest child from the apartment. He was the target of the 2008 search warrants. Under the circumstances, NYCHA's decision didn't shock the court's sense of fairness, and tenant could be evicted.

Latoni v. NYCHA: NYLJ, 5/17/12, p. 23, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ)

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