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Matter of Spand v. Franco

Appellate Division of the Supreme Court of New York, First Department
Aug 7, 1997
242 A.D.2d 210 (N.Y. App. Div. 1997)

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. Rhea

Opinion

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.


Summaries of

Matter of Spand v. Franco

Appellate Division of the Supreme Court of New York, First Department
Aug 7, 1997
242 A.D.2d 210 (N.Y. App. Div. 1997)

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. Rhea
Case details for

Matter of Spand v. Franco

Case Details

Full title:In the Matter of OLIVIA SPAND, Petitioner, v. RUBEN FRANCO, as Chairperson…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 7, 1997

Citations

242 A.D.2d 210 (N.Y. App. Div. 1997)
663 N.Y.S.2d 813

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