PHA Can't Evict III Resident for Son's Criminal Activity

April 25, 2011

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy based on nondesirability. The resident's son possessed marijuana at the unit, and the resident filed false information with NYCHA about his presence there. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable. She said that she was sick with breast cancer, was unaware of her son's criminal activity, and had asked him to help her there with daily activities while she was weak and medicated.

Ruling: The court ruled for the resident.

Facts: The New York City Housing Authority (NYCHA) terminated a resident's tenancy based on nondesirability. The resident's son possessed marijuana at the unit, and the resident filed false information with NYCHA about his presence there. The resident appealed, claiming that NYCHA's decision was arbitrary and unreasonable. She said that she was sick with breast cancer, was unaware of her son's criminal activity, and had asked him to help her there with daily activities while she was weak and medicated.

Ruling: The court ruled for the resident.

Reasoning: The court said that NYCHA didn't consider the resident's circumstances, and its penalty was too harsh. The case was sent back to NYCHA for a more appropriate penalty.

  • Ottley v. New York City Housing Authority, March 2011

Topics