Apartment Used for Drug Dealing

January 1, 2006

LVT Number: 18547

Landlord sued to evict tenant because of drug dealing from the apartment. The court ruled against landlord. Landlord appealed and won. Tenant's son lived with her. The police arrested tenant's son and grandson at the apartment for possession of drugs with the intent to sell. The police found heroin, cocaine, marijuana, and drug paraphernalia in the bedroom, and marijuana in the refrigerator. Landlord sufficiently proved that the apartment was being used for drug dealing and that tenant knew, should have known, or allowed the apartment to be used for illegal purposes.

Landlord sued to evict tenant because of drug dealing from the apartment. The court ruled against landlord. Landlord appealed and won. Tenant's son lived with her. The police arrested tenant's son and grandson at the apartment for possession of drugs with the intent to sell. The police found heroin, cocaine, marijuana, and drug paraphernalia in the bedroom, and marijuana in the refrigerator. Landlord sufficiently proved that the apartment was being used for drug dealing and that tenant knew, should have known, or allowed the apartment to be used for illegal purposes.

855-79 LLC v. Salas: NYLJ, 12/20/05, p. 24, col. 6 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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