Drug Activity in Apartment

September 30, 2000

LVT Number: 14418

Landlord NYCHA terminated a tenancy on the grounds of tenant's nondesirability. Tenant appealed NYCHA's decision. The court ruled against tenant. The police had entered tenant's apartment with a search warrant and found 150 vials of crack cocaine packaged and ready for sale, a scale, cell phones, and a beeper. Tenant claimed that she didn't know there was any drug activity in her apartment. She claimed that her son or another man had brought the drugs in shortly before the police arrived. Neither NYCHA nor the court believed tenant's claim that she didn't know about the drugs.

Landlord NYCHA terminated a tenancy on the grounds of tenant's nondesirability. Tenant appealed NYCHA's decision. The court ruled against tenant. The police had entered tenant's apartment with a search warrant and found 150 vials of crack cocaine packaged and ready for sale, a scale, cell phones, and a beeper. Tenant claimed that she didn't know there was any drug activity in her apartment. She claimed that her son or another man had brought the drugs in shortly before the police arrived. Neither NYCHA nor the court believed tenant's claim that she didn't know about the drugs. Tenant was already on probation in the building because of her son's drug activity.

Walker v. Franco: NYLJ, 9/25/00, p. 22, col. 2 (App. Div.1 Dept.; Nardelli, JP, Rubin, Andrias, Buckley, Friedman, JJ)

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