Did Schizophrenic Tenant Knowingly Permit Son’s Drug Activities?

Landlord sued to evict tenant based on illegal activities at the apartment. The trial court ruled for landlord, and tenant appealed. The appeals court ruled that the case should be reopened. Landlord proved that the apartment was being used by tenant’s adult son for illegal drug activities. Police recovered crack cocaine and heroin from the apartment and the arresting officer testified that one of the bedrooms in the apartment was openly used as a working room where drugs were cut and packaged. Tenant’s son pleaded guilty to charges of criminal possession of a controlled substance. But there were questions as to whether tenant knew or should have known of her son’s illegal activities and whether she acquiesced because she was schizophrenic and may not have had the capacity to understand what was occurring in the apartment. A new trial was needed on this question.

WHGA Renaissance Apartments, LP v. Jackson: 2016 NY Slip Op 26234, 2016 WL 4016307 (App. T. 1 Dept.; 7/26/16; Lowe III, PJ, Shulman, Ling-Cohan, JJ)