Tenant Violated Agreement to Keep Her Son Out of Apartment

June 23, 2018

LVT Number: #28438

In 2007, NYCHA charged tenant with nondesirability based on its claim that tenant's son possessed and sold crack cocaine at or near the building complex grounds. Tenant signed a settlement agreement with landlord that year, admitting the charges and agreeing to permanently exclude her son from the apartment by not allowing him to live in or visit the apartment. Tenant also acknowledged that, if she violated the agreement, her tenancy would be terminated. In 2016, NYCHA terminated tenant's tenancy after a hearing and finding that she violated the agreement.

In 2007, NYCHA charged tenant with nondesirability based on its claim that tenant's son possessed and sold crack cocaine at or near the building complex grounds. Tenant signed a settlement agreement with landlord that year, admitting the charges and agreeing to permanently exclude her son from the apartment by not allowing him to live in or visit the apartment. Tenant also acknowledged that, if she violated the agreement, her tenancy would be terminated. In 2016, NYCHA terminated tenant's tenancy after a hearing and finding that she violated the agreement. Tenant filed an Article 78 appeal and lost. There was substantial evidence that the son was in the apartment in 2013. NYCHA also had placed tenant on probation when her son was previously found in the apartment in 2009.

Curry v. NYCHA: 161 A.D.3d 578, 2018 NY Slip Op 03636 (App. Div. 1 Dept.; 5/22/18; Richter, JP, Manzanet-Daniels, Andrias, Kapnick, Webber, JJ)

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