Tenant Sold Marijuana at Apartment

Landlord NYCHA terminated tenant's public housing tenancy based on nondesirability and breach of NYCHA's rules and regulations. NYCHA's decision was based on the fact that tenant was selling marijuana from the apartment. Tenant appealed, claiming that NYCHA's decision wasn't based on sufficient proof. The court ruled against tenant. Although NYCHA's decision would create a hardship to tenant and her son, the penalty didn't shock the conscience and was based on substantial evidence. Police executed a search warrant at tenant's apartment after a number of drug purchases were made there. An officer testified before NYCHA that she recovered large bags of marijuana from various rooms in the apartment. The fact that criminal charges were subsequently dismissed against tenant didn't bar NYCHA from taking action or to render the evidence presented at its hearing insubstantial. The fact that the police officer was unable to recall certain details almost a year after tenant's arrest also didn't undermine her credibility, especially since details had been written down in sworn statements prepared at the time of the arrest. 

Whitted v. NYCHA: 2013 NY Slip Op 06434, 2013 WL 5477201 (App. Div. 1 Dept.; 10/3/13; Mazzarelli, JP, Renwick, DeGrasse, Freedman, Feinman, JJ)