Drug Activity Justified Eviction

July 31, 1994

LVT Number: 8963

Landlord sued to evict tenant, claiming that she and other occupants of the apartment sold, produced, and/or used illegal drugs. One occupant was arrested in the building for selling drugs, and had 50 vials of crack cocaine in his possession at the time of his arrest. The trial court evicted tenant, and she appealed. Tenant loses. There was enough of a connection between tenant's apartment and the drug activity in the building to warrant evicting her. Tenant was in the building lobby with the occupant when he was arrested.

Landlord sued to evict tenant, claiming that she and other occupants of the apartment sold, produced, and/or used illegal drugs. One occupant was arrested in the building for selling drugs, and had 50 vials of crack cocaine in his possession at the time of his arrest. The trial court evicted tenant, and she appealed. Tenant loses. There was enough of a connection between tenant's apartment and the drug activity in the building to warrant evicting her. Tenant was in the building lobby with the occupant when he was arrested. Also, this occupant had been arrested before, and had given tenant's apartment as his address.

The City of New York v. Gould: NYLJ, p. 21, col. 3 (7/29/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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