MATTER OF MATOS v. HERNANDEZ

3803, 402704/08.

79 A.D.3d 466 (2010)

912 N.Y.S.2d 49

In the Matter of JUANITA MATOS, Appellant, v. TINO HERNANDEZ, as Chairman of the New York City Housing Authority et al., Respondents.

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

Decided December 7, 2010.


A finding of nondesirability may support the penalty of permanent exclusion of a tenant or household member who engages in criminal activity, particularly involving drugs or violence, which poses a serious threat of danger to the health or safety of other residents or employees (see Matter of Featherstone v Franco, 95 N.Y.2d 550 [2000]; Matter of McLurkin v Hernandez, 44 A.D.3d 496

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