Matter of Wesley v. Popolizio

In Matter of Wesley v. Popolizio (186 A.D.2d 430), the First Department rejected the argument that a tenant's misconduct was not a basis for evicting his wife and children. Although the petitioner in that case was a cotenant, and therefore not entitled to remaining family member status, Matter of Wesley v. Popolizio (id.) demonstrates that it is not unlawful to evict apartment occupants, when the tenant, but not the persons seeking to remain, commits acts that terminate the tenancy.