Opinion
January 9, 1996
Appeal from the Supreme Court, New York County [Carol Huff, J.].
There was substantial evidence to support the finding that petitioner's breach of the Housing Authority Rules and Regulations, in allowing her emancipated son to remain as an unauthorized occupant in her apartment, was chronic, and that she repeatedly refused to cure this violation. Upon a finding of chronic breach of the Rules and Regulations, the tenant was not entitled to a further opportunity to cure under respondent Authority's Termination of Tenancy Procedures. Nor was respondent Authority required to authorize occupancy for a person who, according to petitioner's own testimony, was an admitted heroin abuser and posed a threat to the health, safety and welfare of other tenants. This case is to be distinguished from those in which the Authority has sought to terminate tenancies based upon alleged "non-desirable" acts of third parties who are not tenants of record ( see, e.g., Matter of Brown v Popolizio, 166 A.D.2d 44). In the present context, we find petitioner's due process arguments to be without legal merit and, in any event, factually unsupported by the record.
Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Nardelli, JJ.