Tenant's Son Sold Drugs in Lobby

April 1, 1998

LVT Number: 12210

Landlord NYCHA made an administrative determination that tenant wasn't eligible for continued occupancy, based on nondesirability. Tenant's adult son had been arrested for selling drugs in the building lobby in 1994. Tenant appealed landlord's ruling. She showed that her son had gotten married and moved out of her apartment in 1994, after his arrest. Tenant had lived in the apartment since 1970, with no prior problems. The court ruled for tenant. Tenant showed that at the time of the hearing, her son no longer lived with her.

Landlord NYCHA made an administrative determination that tenant wasn't eligible for continued occupancy, based on nondesirability. Tenant's adult son had been arrested for selling drugs in the building lobby in 1994. Tenant appealed landlord's ruling. She showed that her son had gotten married and moved out of her apartment in 1994, after his arrest. Tenant had lived in the apartment since 1970, with no prior problems. The court ruled for tenant. Tenant showed that at the time of the hearing, her son no longer lived with her. Under NYCHA's own procedures, tenant should have been deemed eligible, put on probation, or deemed eligible contingent to her son's permanent exclusion from the household.

Means v. Franco: NYLJ, p. 26, col. 4 (3/23/98) (App. Div. 1 Dept.; Milonas, JP, Tom, Mazzarelli, Andrias, JJ)

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