Tenant's Son Abused Other Tenants

February 1, 1996

LVT Number: 10375

Landlord NYCHA held a hearing on whether to evict tenant. NYCHA found that tenant had breached its rules and regulations by continually allowing her son to remain as an unauthorized occupant in her apartment. Tenant's son was a heroin addict and posed a threat to the health, safety, and welfare of other tenants. NYCHA ruled that tenant should be evicted. Tenant appealed. The court ruled against tenant. There was substantial proof supporting NYCHA's finding that tenant's breach of the rules was chronic and that she repeatedly refused to cure this violation.

Landlord NYCHA held a hearing on whether to evict tenant. NYCHA found that tenant had breached its rules and regulations by continually allowing her son to remain as an unauthorized occupant in her apartment. Tenant's son was a heroin addict and posed a threat to the health, safety, and welfare of other tenants. NYCHA ruled that tenant should be evicted. Tenant appealed. The court ruled against tenant. There was substantial proof supporting NYCHA's finding that tenant's breach of the rules was chronic and that she repeatedly refused to cure this violation. Tenant wasn't entitled to any further opportunity to cure.

Kotoff v. Franco: NYLJ, p. 26, col. 3 (1/11/96) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ellerin, Rubin, Nardelli, JJ)

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