A New York Marijuana Possession Criminal Lawyer said that, petitioner in this CPLR Article 78 proceeding, moves by order to show cause to annul and vacate the October 14, 2009 determination by respondent New York City HOUSING AUTHORITY (NYCHA), which terminated her tenancy in the Red Hook West House, at Apartment 2A, 80 Bush Street, Brooklyn New York. The NYCHA Board approved the September 28, 2009 decision of NYCHA Hearing Officer which found petitioner ineligible for continued occupancy of her apartment. Petitioner claims that NYCHA is discriminating against her because she “self-medicates” with marijuana possession to alleviate her epilepsy disability and NYCHA failed to provide her with an accommodation for her disability.
A New York Drug Possession Criminal Lawyer said that, respondent NYCHA opposes the instant order to show cause and seeks dismissal of petitioner’s petition, alleging that: (1) NYCHA terminated petitioner’s tenancy after establishing that in the three years prior to her administrative hearing petitioner pled guilty five times to criminal possession of a controlled substance in the seventh degree; (2) petitioner has not established that she has a disability; and, (3) petitioner is not entitled to an accommodation for her ongoing illegal drug use. Further, NYCHA claims that its determination to terminate petitioner’s tenancy is: consistent with the law; not arbitrary, capricious or an abuse of discretion; supported by substantial evidence and, proportionate to petitioner’s offenses.
A New York Criminal Lawyer said that, petitioner and her family have been residents of Apartment 2A, 80 Bush Street, Brooklyn, New York for a number of years. The apartment is located in public housing owned and operated by respondent NYCHA. NYCHA charged Petitioner several times in the last decade with non-desirability and breach of her lease. Petitioner and respondent, on May 22, 2006, executed a stipulation of settlement of various charges against petitioner with respect to the February 8, 2006 specification of charges against petitioner. These charges alleged, among other things: that petitioner violated her previous stipulated tenancy probation, because her sons, unlawfully possessed or possessed controlled substances with intent to sell from petitioner’s apartment, on various dates; and, petitioner unlawfully possessed crack cocaine at her apartment on February 3, 2004. In her May 22, 2006 stipulation, petitioner agreed that: her sons are not authorized to reside in her apartment, at 80 Bush Street; her probation would continue until September 26, 2011; and, that she “understands that any violation of the Rules, Regulations, Policies or Procedures of the Authority shall constitute a violation of this Stipulation and will subject the Tenant to additional penalties, up to and including termination.” NYCHA approved the Stipulation on June 22, 2006. Subsequently, NYCHA charged petitioner with non-desirability, breach of its rules and regulations, and chronic rent delinquency, on April 27, 2009. Respondent, among other things, charged petitioner with: unlawful possession of marijuana with intent to sell and acting with others, including a third son, to do so on November 21, 2008; permitting illegal drug activity in her apartment; unlawfully possessing at her apartment controlled substances on October 6, 2006, December 6, 2006, February 20, 2009 and April 20, 2007; allowing unauthorized occupants to reside in her apartment; violating terms of her lease by failing to refrain from illegal activities at her apartment; and, failing to have individuals on the premises with petitioner’s consent refrain from illegal activities referred to in petitioner’s lease.