Summary
In Matter of Spand v. Franco, 242 A.D.2d 210, 663 N.Y.S.2d 813 [1st Dept.1997],lv. denied92 N.Y.2d 802, 677 N.Y.S.2d 72, 699 N.E.2d 432 (1998), this Court remanded to NYCHA for imposition of a lesser penalty where the tenant engaged in conduct that was “serious” and “appropriately condemned,” but eviction was disproportionate because the incident was isolated, the tenant was the mother of three small children and there was no evidence of other problems which posed a risk to other people or property.
Summary of this case from Rock v. RheaOpinion
August 7, 1997
A review of the record as a whole shows that the Housing Authority's determination was supported by substantial evidence. However, it also shows the penalty imposed was so disproportionate "`in the light of all the circumstances, as to be shocking to one's sense of fairness"' (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233). Certainly the behavior petitioner engaged in was serious and was appropriately condemned by respondent, but in the unique circumstances of this case, the eviction of petitioner, a resident for over four years and the mother of three small children, is a disproportionate sanction. Petitioner was involved in one isolated incident, has no other violations and has not presented any other problems to the Housing Authority. There is no indication that she poses any present risk to other tenants or to respondent's property. Accordingly, we remand this matter to respondent for consideration of a lesser penalty (see, Matter of Vargas v Franco, 238 A.D.2d 274).
Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.