Tenant's Son Can't Live in Apartment

May 31, 1993

LVT Number: 6998

Landlord New York City Housing Authority (NYCHA) sued to evict tenant based on her son's drug-related activities. Landlord and tenant stipulated that tenant could stay if her son moved out; tenant was put on probation for one year. After finding that tenant's son visited her during this period, landlord ruled that tenant could be evicted for undesirability. Tenant appealed this new ruling. The court found landlord's determination unreasonable. Tenant's son had merely visited tenant; he didn't move back into the apartment.

Landlord New York City Housing Authority (NYCHA) sued to evict tenant based on her son's drug-related activities. Landlord and tenant stipulated that tenant could stay if her son moved out; tenant was put on probation for one year. After finding that tenant's son visited her during this period, landlord ruled that tenant could be evicted for undesirability. Tenant appealed this new ruling. The court found landlord's determination unreasonable. Tenant's son had merely visited tenant; he didn't move back into the apartment. And that was an insufficient reason to find that tenant was undesirable. Landlord's ruling terminating the tenancy was revoked.

Rodriguez v. Blackburne: NYLJ, p. 27, col. 1 (5/27/93) (App. Div. 1 Dept.; Carro, JP, Wallach, Asch, Rubin, JJ)

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