PHA Can't Bar Resident's Son Who Wasn't Dangerous
Facts: A public housing authority (PHA) decided that a resident's adult son should be excluded from the resident's household based on his 2007 criminal charges. The resident appealed, claiming that the PHA's decision was arbitrary and unreasonable.
Ruling: A New York court ruled for the resident.
Reasoning: The resident was 69 years old and lived in the unit with her son and the son's 5-year-old child. Both the resident and the child depended on the son for daily living assistance. And although the son had pleaded guilty to two misdemeanors in 2007, he had no prior criminal record and no prior problems with the PHA during the 23 years he lived at the site. The court found the PHA's decision shocking since the son posed no threat to any PHA residents or employees.
- Matos v. Hernandez, December 2010