Syracuse Hous. Auth. v. Boule

No. 96/2160LT (N.Y. City Ct. Onondaga County Dec. 23, 1996) ; Clearinghouse Number: 51562

Description

No Good Cause to Evict Public Housing Tenant Who Had No Knowledge of Her Guest’s Drug-Related Activity

Abstract

The court has held that, where a public housing tenant is not personally at fault for the drug-related criminal activity of a guest, good cause for termination of the lease and eviction does not exist. Plaintiff public housing authority (PHA) sought to evict defendant tenant after tenant’s guest was arrested for selling crack cocaine from tenant’s apartment. The parties agreed that tenant had no knowledge of the drug activity, did not permit the activity, and did not acquiesce in her guest’s conduct. However, PHA argued that tenant’s knowledge of or lack of participation in the activity was irrelevant. The court held that, although a literal reading of 42 U.S.C. § 1437d(l)(5) provides for termination of the tenancy where a guest of the tenant has engaged in drug-related criminal activity on or near the premises regardless of fault, such a reading is clearly contrary to the intent of the statute. The court also held that HUD’s one-strike-and-you’re-out memorandum issued in March 1996 is not indicative of a policy of strict liability, and instead directs PHAs to utilize discretion in individual cases. Finding that tenant had no knowledge of her guest’s drug-related activity and did not consent to it, the court held that tenant was not personally at fault for the breach of the lease and therefore good cause for termination of the lease and eviction did not exist.

Additional Information

Docket Date
1996-12-23 00:00:00+00:00