New York 24 CFR 982.54

Under 24 CFR 982.54(23), the Housing Authority must consider "family behavior or suitability for tenancy" when screening applicants for public housing. The Policy was presumably instituted pursuant to federal law, but no definition or guidance is given by the Housing Authority to determine what would constitute "abusive or violent behavior". In Peoples v. New York City Housing Authority 281 AD 2d 259, 723 N.Y.S.2d 6 (1st Dept 2001)., the First Department held that even where a tenant committed "a very serious breach of respondent's rules" by accosting a housing authority representative during an inspection, the penalty of termination of housing benefits was too severe and shocked the conscience.