Tenant Violated Agreement to Keep Boyfriend Out of Apartment

Landlord NYCHA terminated tenant’s tenancy based on tenant’s violation of a settlement agreement. Tenant appealed NYCHA’s decision, claiming that it was arbitrary and unreasonable. The court ruled against tenant. NYCHA had sought to terminate tenant’s tenancy based on the conduct of her boyfriend. Tenant signed a settlement agreement. She agreed that she would permanently keep the boyfriend out of the apartment. Tenant violated the agreement, and the boyfriend later molested a 10-year-old foster child living in the apartment. NYCHA’s proof included testimony by a detective who interviewed the child and the court transcript of the boyfriend’s guilty plea. Tenant claimed that she was forced to sign the settlement agreement and that the original charges were unfair. But she was represented by an attorney in the original proceeding and didn’t appeal the NYCHA ruling approving the settlement agreement.

Lockett v. NYCHA: NYLJ, 11/10/08, p. 26, col. 2 (App. Div. 1 Dept.; Gonzalez, JP, McGuire, Moskowitz, DeGrasse, Freedman, JJ)