Tenant Violated Term of Probation

July 31, 2000

LVT Number: 14275

Landlord NYCHA terminated tenant's tenancy, claiming tenant violated a term of her probation upon which her tenancy had been placed. Landlord had directed tenant to keep her daughter away from the apartment because of the daughter's misconduct. Tenant appealed landlord's decision to terminate her tenancy. The court ruled for tenant. Landlord's decision shocked the court's sense of fairness.

Landlord NYCHA terminated tenant's tenancy, claiming tenant violated a term of her probation upon which her tenancy had been placed. Landlord had directed tenant to keep her daughter away from the apartment because of the daughter's misconduct. Tenant appealed landlord's decision to terminate her tenancy. The court ruled for tenant. Landlord's decision shocked the court's sense of fairness. There wasn't much information in landlord's records about the nature of the daughter's objectionable conduct, tenant otherwise had no record of problems for over 12 years, and tenant's four infant grandchildren lived with her.

Martinez v. Franco: 708 NYS2d 83 (App. Div.1 Dept. 2000; Sullivan, PJ, Rosenberger, Mazzarelli, Buckley, Friedman, JJ)

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