Apartment Used for Illegal Purposes

April 30, 2006

LVT Number: 18810

Landlord sued to evict tenant because her apartment was used for illegal purposes. The trial court ruled for landlord. Tenant appealed and lost. At trial, landlord proved that police recovered a kilo of cocaine and ammunition in a room tenant rented to a boarder, who was a friend of tenant's son. Both the boarder and son had been the subjects of extensive criminal investigation for selling drugs in tenant's building. The trial court reasonably found that tenant knew or should have known of the illegal activities in her apartment, and allowed them to continue.

Landlord sued to evict tenant because her apartment was used for illegal purposes. The trial court ruled for landlord. Tenant appealed and lost. At trial, landlord proved that police recovered a kilo of cocaine and ammunition in a room tenant rented to a boarder, who was a friend of tenant's son. Both the boarder and son had been the subjects of extensive criminal investigation for selling drugs in tenant's building. The trial court reasonably found that tenant knew or should have known of the illegal activities in her apartment, and allowed them to continue.

N.Y.C. Housing Dev. LLC v. Arias: NYLJ, 4/7/06, p. 27, col. 2 (App. T. 1 Dept.; Davis, Schoenfeld, JJ)

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