Tenant's Sex Offender Godson Barred from Visiting Building
LVT Number: 19643
NYCHA charged tenant with endangering the health and safety of her neighbors by permitting her godson to stay with her in her apartment. Police had advised NYCHA that the godson's name was on a list of known sex offenders. NYCHA held a hearing and ruled that tenant could remain in her apartment only if her godson was barred from visiting. Tenant appealed, claiming that NYCHA's ruling was unreasonable. She argued that her godson should at least be allowed to visit, even if he couldn't live with her. The court ruled for tenant. NYCHA appealed and won. HUD regulations require NYCHA to deny occupancy to a tenant whose family member is subject to lifetime registration under any sex offender statute. It was not unreasonable for NYCHA to bar tenant's godson from visiting tenant at the building. This ruling was made in the interest of protecting tenant's neighbors. The godson was a proven danger to others.
Gilmore v. Hernandez: NYLJ, 5/21/07, p. 26, col. 3 (App. Div. 1 Dept.; Tom, JP, Andrias, Buckley, Gonzalez, Malone, JJ)