A state appeals court has overturned a decision “shocking to our sense of fairness” by the New York City Housing Authority that permanently excluded a young man from his grandmother’s apartment as a condition of her continued occupancy after he had pleaded guilty to possessing a loaded gun. The grandson, who was 18 when arrested, was sentenced to one year of probation and received youthful offender treatment.
A panel of the Appellate Division, First Department, unanimously ruled in Duryea v. New York City Housing Authority, 4894, that the arrest of Edna Duryea’s grandson was “an isolated and apparently aberrant event in [her] otherwise unblemished 36-year tenancy.” Its unsigned opinion rejected the housing agency’s finding that her grandson was likely to repeat his misconduct, noting that his school attendance had improved significantly and he had stopped hanging out with the youth with whom he was arrested. Thus, it remanded the case for determination of a lesser penalty.
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