Undesirable Tenant

February 1, 1995

LVT Number: 9428

Landlord NYCHA evicted tenant because her son, who lived with her, threatened other tenants. The Housing Authority found that the son was a threat to the health, safety, and welfare of other tenants. Tenant appealed, and the court upheld the eviction. Tenant appealed again, arguing that the eviction was unfair. The appeals court also upheld the eviction. There was substantial evidence that the son was a continual threat to other tenants and housing personnel. And the son had refused landlord's offer to let his mother stay in the apartment if he moved out. So, the eviction wasn't unfair.

Landlord NYCHA evicted tenant because her son, who lived with her, threatened other tenants. The Housing Authority found that the son was a threat to the health, safety, and welfare of other tenants. Tenant appealed, and the court upheld the eviction. Tenant appealed again, arguing that the eviction was unfair. The appeals court also upheld the eviction. There was substantial evidence that the son was a continual threat to other tenants and housing personnel. And the son had refused landlord's offer to let his mother stay in the apartment if he moved out. So, the eviction wasn't unfair.

Alvarez v. Hernandez-Pinero: NYLJ, p. 26, col. 4 (1/17/95) (App. Div. 1 Dept.; Murphy, JP, Sullivan, Wallach, Nardelli, Tom, JJ)

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