What is Permanent Exclusion? Permanent Exclusion is a strategy used by NYCHA to promote the safety and security of its residents.Permanent Exclusion happens when NYCHA brings a “termination of tenancy” action against a NYCHA tenant for dangerous conduct that violates the tenant’s lease agreement. A member of the household or someone else under the tenant’s control may have committed the dangerous conduct. Instead of terminating the lease (which would mean evicting the whole family), NYCHA can save the residents’ tenancy by excluding only the dangerous person or persons. An excluded person is barred from residing in or visiting the apartment as long as the Permanent Exclusion is in place.
Is a Permanent Exclusion really permanent? Permanent Exclusion remains in place permanently unless the tenant applies to have it “lifted” and is successful. Individuals can apply to have an exclusion “lifted” or removed after it is imposed. The resident must show a substantial change has occurred that warrants lifting the exclusion. (More information below.) Only the Tenant of Record may apply to have an exclusion lifted.
What is the Family Reentry Program, and how does it relate to Permanent Exclusion? The Family Reentry Program (FRP) is a way for individuals who have recently been released from incarceration (in the past three years) to join the household of a family member and live in NYCHA. These individuals might not otherwise qualify to be added to the lease under NYCHA’s admissions criteria. After the two years, they can apply to be added to the lease permanently if they successfully complete the FRP. Lifting a Permanent Exclusion, on the other hand, only allows the formerly excluded person to visit the NYCHA apartment. If an individual is currently excluded from NYCHA, was recently released from incarceration, and wants to live with his/her family at NYCHA and not just visit, that person may be eligible for the FRP. Please visit our Family Partnerships page for more information on the Family Reentry Program.
How does someone get permanently excluded? Permanent Exclusion is an alternative to eviction. It happens in one of two ways: (1) When a NYCHA resident—rather than risk eviction—enters into an agreement (or “stipulation of settlement” or “stipulation”) with NYCHA to exclude the dangerous individual, or (2) when, as a result of an administrative hearing where NYCHA has sought to terminate the tenancy, the hearing officer chooses instead to save the tenancy while barring the dangerous person from the apartment.
What kinds of conduct causes NYCHA to bring a case? NYCHA brings cases for “Non-Desirability,” which includes (but isn’t just limited to) major crimes such as murder, sex offenses, robbery, assault, drug dealing, and guns. Other than the limited federal requirements relating to convictions for sex offenses and the production of methamphetamine on public housing grounds, NYCHA is not governed by rigid rules that require it to pursue eviction or exclusion based on the type or level of criminal charge or any specific conduct; rather, NYCHA examines each case individually, including the nature and seriousness of the conduct, the extent of the individuals’ involvement, the danger the individual poses to the NYCHA community, whether there are any serious prior convictions, and whether there is any mitigating evidence.
Lifting a Permanent Exclusion
What does a NYCHA tenant have to do lift a Permanent Exclusion? The tenant has to fill out an Application to Lift Permanent Exclusion. In the application, the tenant has to prove that the excluded person has changed in a clear way that shows they no longer create a risk of danger to the NYCHA community. A NYCHA Hearing Officer decides whether the tenant has proved this.
How does a tenant show that the excluded person no longer poses a risk? There are two ways: (1) Evidence of Positive Change (“Path 1”); and (2) Passage of Time/”Crime-Free Waiting Period” (Path 2). Path 1 allows tenants with more recent exclusions to prove that the excluded person’s circumstances have changed, that the risk he/she poses is mitigated, and that the person should be allowed to visit. Path 2 relies on the passage of time without further criminal involvement to justify lifting old exclusions.
If the Permanent Exclusion happened a long time ago, is it automatically lifted? No. For an exclusion to be lifted, the Tenant of Record must apply. Only the Tenant of Record can apply. NYCHA will review the application and make a determination whether to lift.
If the Permanent Exclusion is lifted, can the formerly excluded person live with the tenant that had the exclusion lifted? No. The formerly excluded person is able to visit. He/she may be able to live in the tenant’s household following the lifting of his/her exclusion, but only after the Tenant of Record makes a written request to NYCHA for Temporary or Permanent Permission for him/her to live in the apartment.