When the Rockville Centre Housing Authority brought a holdover proceeding against Cheana W., based on alleged criminal activity, the Nassau County District Court granted relief in the agency's favor.
But on appeal, the Appellate Term, Second Department, wasn’t too pleased with the evidence upon which the case relied.
Apparently, an unsworn letter -- signed by an Assistant United States Attorney -- listing the alleged criminal charges wasn’t sufficient proof that the tenant had engaged in the conduct in question. So, the AT2 sent matter was sent back for “further proceedings” or trial.
Innocent until really proven guilty.
To view a copy of the Appellate Term’s decision, please use this link: Rockville Ctr. Hous. Auth. v. Whitfield