Apartment Used for Drug Activity

January 1, 2005

LVT Number: 17787

Landlord sued to evict tenant from public housing based on illegal drug activity in the apartment by tenant's sons. Tenant claimed that she knew nothing about her sons' drug possession. The court ruled for landlord. Tenant appealed and lost. Police had a search warrant and recovered 288 bags of cocaine that they saw being thrown out of tenant's apartment window. They also recovered scales, a stun gun, ammunition, a metal safe, and $6,000 in cash from the apartment. Both sons pleaded guilty to criminal drug possession.

Landlord sued to evict tenant from public housing based on illegal drug activity in the apartment by tenant's sons. Tenant claimed that she knew nothing about her sons' drug possession. The court ruled for landlord. Tenant appealed and lost. Police had a search warrant and recovered 288 bags of cocaine that they saw being thrown out of tenant's apartment window. They also recovered scales, a stun gun, ammunition, a metal safe, and $6,000 in cash from the apartment. Both sons pleaded guilty to criminal drug possession. In light of all the evidence seized at the apartment, tenant's claim that she didn't know about the drug possession wasn't believable.

NYCHA v. Otero: NYLJ, 12/1/04, p. 30, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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