67 A.D.2d 1000 | N.Y. App. Div. | 1979
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent New York City Housing Authority, dated September 29, 1976, which, after a hearing, terminated petitioner’s tenancy, inter alia, on the ground of nondesirability. Petition granted to the extent that the determination is modified, on the law, without costs or disbursements, by permitting the petitioner, her daughter Theresa, and her grandchildren, Eiline, Mona and Ikima, to continue as tenants, on condition that John Lewis and Anthony Givens do not return to reside with them. The petition is otherwise dismissed on the merits. The petitioner has commenced this article 78 proceeding to review the determination of the respondent New York City Housing Authority terminating her tenancy at the Langston Hughes Housing Project. Also subject to the determination are a daughter and three grandchildren who range in age from six months to four years. The determination was made after a hearing in which the petitioner appeared pro se. The record leaves no doubt that the petitioner possesses limited verbal and intellectual skills and that she did not fully comprehend the adversarial nature of the hearing. She was charged with nondesirability based upon the acts of her son, John Lewis, and Anthony Givens, who is the father of one of the petitioner’s grandchildren. However, this grandchild, and the child’s mother, do not live with the petitioner. There is no question that Lewis and Givens committed the alleged nondesirable acts. However, the hearing record does not establish by substantial evidence that Lewis and Givens concurrently reside with the petitioner. The issue of the residency of the adult persons who committed the nondesirable acts is crucial to the housing authority’s determination. Such residency must be established not only at the time that