In Matter of Vazquez v. NYCHA (Robert Fulton Houses) , the New York City Housing Authority (NYCHA) terminated Anita Vazquez's public-housing tenancy for "non-desirability" after she pled guilty to the unauthorized use of an ATM card.
When Vazquez challenged the outcome by way of a special proceeding -- brought pursuant to CPLR Article 78 -- the New York County Supreme Court transferred the case to the Appellate Division, First Department, which vacated NYCHA 's decision.
The AD1 was of the view the termination of Vazquez's tenancy was a disproportionate penalty and "shocking to the judicial conscience and to one's sense of fairness."
Vazquez had been current with her rent payments and corrected the underlying condition which precipitated her undesirability. (She paid full restitution to the complaining witness and complied with the conditions of her probation.)
The AD1 thought it relevant she hadn't had a prior criminal record and that she suffered from disabilities, depression and stress. She also had a strong family support system -- as shown by her willingness to care for her uncle and her daughter's decision to end her college education and to seek employment in order to help her mom compensate her victim.
Vazquez conquered that.
To download a copy of the Appellate Division's decision, please use this link: Matter of Vazquez v. NYCHA (Robert Fulton Houses)