Tenant Kept Illegal Firearms in Apartment

July 31, 2011

LVT Number: #23546

NYCHA terminated tenant's lease after police found drugs and illegal firearms in her apartment. Tenant appealed NYCHA's decision, claiming that the guns belonged to her son and she didn't know they were there. The court ruled against tenant. The weapons were found with a valid search warrant, and tenant had pleaded guilty to criminal possession of a weapon. Tenant had violated her lease by activity that threatened the safety and peaceful enjoyment of other tenants.

NYCHA terminated tenant's lease after police found drugs and illegal firearms in her apartment. Tenant appealed NYCHA's decision, claiming that the guns belonged to her son and she didn't know they were there. The court ruled against tenant. The weapons were found with a valid search warrant, and tenant had pleaded guilty to criminal possession of a weapon. Tenant had violated her lease by activity that threatened the safety and peaceful enjoyment of other tenants.

Smart v. Rhea: Index No. 400532/11, NYLJ No. 1202501445946 (Sup. Ct. NY; 7/5/11; Hunter, J)

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