Tenant Let Criminal Son Return to Apartment

March 31, 2011

LVT Number: #23264

NYCHA terminated tenant's tenancy after she violated a settlement agreement. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. In order to avoid eviction, tenant had promised to permanently exclude her son from the apartment after he engaged in criminal activity there. Tenant admitted that the son was later discovered in the apartment.

NYCHA terminated tenant's tenancy after she violated a settlement agreement. Tenant appealed NYCHA's decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. In order to avoid eviction, tenant had promised to permanently exclude her son from the apartment after he engaged in criminal activity there. Tenant admitted that the son was later discovered in the apartment. NYCHA's decision didn't shock the court's sense of fairness, given the son's serious criminal activity and the clear agreement that his presence in the apartment would result in termination of the tenancy.

Gibbs v. NYCHA: NYLJ, 3/3/11, p. 26, col. 6 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Andrias, Renwick, Abdus-Salaam, JJ)

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