1250 Broadway, 27th Floor New York, NY 10001

SEX OFFENDER BARRED FROM BUILDING

Poor Fannie Gilmore.

All she wanted to do was care for her godson, but her landlord, the New York City Housing Authority (NYCHA), vehemently objected to his presence and didn't want him anywhere near the residential building in which Fannie lived.

Apparently, Fannie's godson was a convicted "sex offender," and NYCHA insisted that Fannie either agree to permanently exclude him from ever visiting her or suffer an eviction.

In the State of New York, there are gradations or levels assigned to convicted sex offenders with the "ranking" based on the individual's likelihood of repeating an offense. The way we understand it, Level 3 offenders present a "high risk" of recidivism, a Level 2 offender poses a moderate risk, while a Level 1 offender has a low repeat risk.

In Fannie's case, her godson was a "level three" offender and NYCHA was concerned that his presence endangered her neighbors' health and safety. The New York County Supreme Court did not agree and rescinded the preclusion. On appeal, the Appellate Division, First Department, reversed.

The AD1 was of the opinion that there was nothing "'impossible or per se unreasonable about asking a tenant of public housing, in the interests of protecting her neighbors, to agree that a family member who is a proven danger to others not be permitted to reside or visit the apartment ....'"

How offensive is that?

For a copy of the Appellate Division's decision, please use this link: Gilmore v. Hernandez

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