Lifting permanent exclusion

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 evicting the whole family, NYCHA can save the residents’ tenancy by excluding only the dangerous person(s). An excluded person is barred from residing in or even visiting the apartment as long as the Permanent Exclusion is in place. 

But “permanent exclusion” doesn’t have to be permanent. There are two ways to show NYCHA the exclusion should be lifted.  

Path 1: Evidence of positive change.  The Tenant of Record can apply any time through this path. The Tenant of Record will have to show NYCHA that the excluded person has changed and no longer “poses a risk of danger to the NYCHA community.” 

Evidence that can be submitted to indicate positive change include (but are not limited to): 

  • Completion of or documented active participation in an education program; or
  • Employment for at least one year; or
  • Letters of support from community groups, parole officers, employers, or other parties; or
  • A Certificate of Good Conduct from the New York State Department of Corrections and Community Supervision.

It is a good idea to provide as much positive evidence as possible.

Path 2: Passage of time.  The Tenant of Record can also apply to lift the exclusion if the excluded person has not been arrested or convicted for a certain number of years.  This time period is called a Crime-Free Waiting Period.  It is based on two factors: the nature of the crime that led to the exclusion and the number of prior criminal convictions a person has. To figure out a person’s crime-free waiting period, use this chart:

CFWP chart.png

For more on lifting permanent exclusion, including the necessary application forms, submission instructions, and FAQ documents, visit:

http://www1.nyc.gov/site/nycha/residents/permanent-exclusion.page

You can also find necessary forms and other information here.