Tenant's Son Defaced Property

April 30, 1997

LVT Number: 11479

Landlord NYCHA terminated tenant's lease based on nondesirability and breach of building rules. Tenant appealed. Although tenant's son had defaced landlord's buildings with graffiti on 10 occasions, tenant claimed the penalty of eviction was too harsh. The court ruled against tenant, and tenant appealed again. The appeals court ruled for tenant and sent the case back to NYCHA. Although the vandalism was serious, it occurred in an isolated three-month period, tenant made no other problems, and her son had shown that he was doing well on probation.

Landlord NYCHA terminated tenant's lease based on nondesirability and breach of building rules. Tenant appealed. Although tenant's son had defaced landlord's buildings with graffiti on 10 occasions, tenant claimed the penalty of eviction was too harsh. The court ruled against tenant, and tenant appealed again. The appeals court ruled for tenant and sent the case back to NYCHA. Although the vandalism was serious, it occurred in an isolated three-month period, tenant made no other problems, and her son had shown that he was doing well on probation. The court recommended that landlord permit tenant to stay on the condition that no further incidents occurred.

Vargas v. Franco: NYLJ, p. 26, col. 6 (4/28/97) (App. Div. 1 Dept.; Milonas, JP, Ellerin, Tom, Mazzarelli, JJ)

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