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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Matos v Hernandez] Appellate Division Reverses NYCHA's Permanent Exclusion Decision Citing Lack of Evidence that Tenant Posed Any Threat (2010)

  • Organization: Legal Services NYC - Bronx
  • Document Type: Case law/admin decisions
  • Date Created: Friday, December 10, 2010
  • Submitted: Friday, December 10, 2010
  • Attachment(s): LINK

Decision by the First Department reversing NYCHA's decision to permanently exclude the tenant's son for larceny and gun possession convictions. In this Article 78 appeal, the panel held that exclusion was so disproportionate to the offense as to shock the judicial conscience. Key to the decision was that the NYCHA hearing officer made no finding that the son posed any threat to NYCHA's residents or employees, and specified that he would continue to be permitted to visit the apartment. Matter of Matos v Hernandez, 2010 NY Slip Op 08998 [79 AD3d 466] (Appellate Division, First Department 2010)

Petitioner's Brief

Appellant's Brief

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