What is Permanent Exclusion?
Permanent Exclusion is a strategy used by NYCHA to promote the safety and security of its residents by excluding individuals from residing in or visiting a NYCHA apartment they are associated with (while not seeking to evict the other tenants in the apartment). 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 seeks to preserve the residents’ tenancy by excluding only the person or persons responsible for the dangerous conduct. 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?
NYCHA may “lift” an exclusion if the Tenant of Record demonstrates that the excluded individual no longer poses a danger to the NYCHA community or that a lift is warranted based upon the passage of time. Only the Tenant of Record may apply to have an exclusion lifted. The lifting of a Permanent Exclusion only allows the individual to visit the apartment – it does not give the individual permission to live there.
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 (coming soon) 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 tenant enters into an agreement (or “stipulation of settlement” or “stipulation”) with NYCHA to exclude just the individual responsible for the conduct in question, to avoid the risk of the eviction of the entire household, 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 household’s tenancy while barring the dangerous person from the apartment.
Which kinds of conduct causes NYCHA to bring a termination case?
A violation of NYCHA’s lease terms for non-desirable behavior is a basis for termination. Evidence of non-desirable behavior may include violent crimes and conduct, such as murder, assault of a NYCHA employee or resident, drug dealing from a NYCHA apartment, and illegal gun possession. NYCHA examines each case individually, including the nature and seriousness of the conduct, the extent of the individual’s involvement, the danger the individual poses to the NYCHA community, whether there are any serious prior convictions, and whether there is any mitigating evidence. This may include circumstances when a non-resident who has a connection to the NYCHA apartment is responsible for the “non-desirable” conduct. Federal rules require NYCHA to seek termination in certain circumstances, including for registered lifetime sexual offenders and the arrest and conviction of creating methamphetamine on public housing grounds.
What does a NYCHA tenant have to do to 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 no longer poses a safety risk or danger to the NYCHA community. The application is ultimately decided by a NYCHA Hearing Officer.
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/A “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 lessened, 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?
In certain circumstances, the passage of crime-free time can result in the exclusion being lifted “automatically,” but a tenant should not assume that the exclusion was lifted. NYCHA will notify the Tenant of Record in writing if and when the exclusion is lifted. NYCHA will favorably review existing exclusion cases that were settled by stipulation to determine whether the excluded person may, if he or she has been crime-free for five years, be eligible to have the exclusion automatically lifted. If NYCHA finds that an excluded individual is eligible to have the exclusion lifted, the tenant will be notified in writing. If the tenant has not received such a notification, the exclusion is still in place. The tenant may use the application process to request lifting of an exclusion if the tenant believes that the exclusion should be lifted.
If the Permanent Exclusion is lifted, can the formerly excluded person live with the tenant who 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, through NYCHA’s Self-Service Portal (https://selfserve.nycha.info) or with NYCHA Form 040.297D: Request to Add a New Household Member (Permanent/Temporary).