Apartment Used for Illegal Activity

May 31, 1994

LVT Number: 8803

The District Attorney (DA) sued to evict public housing tenant for illegal activity in his apartment. The housing authority police got a search warrant and found crack cocaine, drug paraphernalia, and a gun in tenant's apartment. Tenant claimed the drugs were his brother's and that he had no knowledge of this activity. The court ruled for the DA that tenant be evicted. Even if tenant didn't sell drugs himself, it appeared that he had knowledge of what was going on and allowed it to happen. Tenant himself had a prior record of drug possession. The gun was found in tenant's bedroom.

The District Attorney (DA) sued to evict public housing tenant for illegal activity in his apartment. The housing authority police got a search warrant and found crack cocaine, drug paraphernalia, and a gun in tenant's apartment. Tenant claimed the drugs were his brother's and that he had no knowledge of this activity. The court ruled for the DA that tenant be evicted. Even if tenant didn't sell drugs himself, it appeared that he had knowledge of what was going on and allowed it to happen. Tenant himself had a prior record of drug possession. The gun was found in tenant's bedroom. While the drugs were found in his brother's locked bedroom, a measuring scale was found in the kitchen. The fact that things were found all over the apartment made tenant's claim that he knew nothing hard to believe.

District Attorney, Kings Co. v. Garcia: NYLJ, p. 33, col. 1 (5/6/94) (Civ. Ct. Kings; Reichbach, J)

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