JACKSON v. HERNANDEZ


63 A.D.3d 64 (2009)

877 N.Y.S.2d 274

In the Matter of KIM JACKSON, Petitioner, v. TINO HERNANDEZ, as Chairman of the New York City Housing Authority, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 16, 2009.


Attorney(s) appearing for the Case

Brooklyn Legal Services Corp. A, Brooklyn (Martin S. Needelman, Paul J. Acinapura and Terry Herman of counsel), for petitioner.

Ricardo Elias Morales, New York City (Nancy M. Harnett of counsel), for respondent.

GONZALEZ, P.J., FRIEDMAN and RENWICK, JJ., concur.


OPINION OF THE COURT

BUCKLEY, J.

Petitioner entered into a residential lease agreement with respondent Housing Authority in May 2003 for an apartment in a public housing building where she and her two minor children have continuously resided. The lease specifically provides that tenant is obligated:

"To assure that the Tenant, any member of the household, a guest, or another person under the Tenant's control, shall not engage in: "(i)...

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