Tenant Violated Agreement to Keep Husband out of Apartment

November 1, 2006

LVT Number: 19195

Tenant appealed a NYCHA ruling that landlord could proceed with eviction. The court ruled for tenant. NYCHA appealed and won. In 2000, tenant's husband was arrested in the lobby of a nearby building for possession of crack cocaine. As a condition of her continued tenancy, tenant signed an agreement that she wouldn't let her husband live in or visit the apartment. She also agreed to periodic inspections. In 2003, NYCHA investigators found the husband in tenant's apartment. At a hearing, NYCHA found that tenant had violated the agreement and also that she chronically paid rent late.

Tenant appealed a NYCHA ruling that landlord could proceed with eviction. The court ruled for tenant. NYCHA appealed and won. In 2000, tenant's husband was arrested in the lobby of a nearby building for possession of crack cocaine. As a condition of her continued tenancy, tenant signed an agreement that she wouldn't let her husband live in or visit the apartment. She also agreed to periodic inspections. In 2003, NYCHA investigators found the husband in tenant's apartment. At a hearing, NYCHA found that tenant had violated the agreement and also that she chronically paid rent late. NYCHA's decision was supported by substantial proof. In addition, tenant repeatedly violated the agreement and didn't show that she would abide by its terms in the future.

Clendon v. NYCHA: NYLJ, 10/27/07, p. 36, col. 5 (App. Div. 2 Dept.; Prudenti, PJ, Mastro, Fisher, Lunn, JJ)

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