Drug Activity Took Place in Another Building

March 1, 1999

LVT Number: 13032

Landlord sued to evict tenant who was arrested for the illegal sale of drugs. But the arrest had taken place in an apartment in another nearby building. Tenant claimed that landlord couldn't evict him. The court ruled for tenant and dismissed the case. For landlord to evict tenant for drug activity, the illegal activity must take place in or about the apartment or building where the tenant lived.

Landlord sued to evict tenant who was arrested for the illegal sale of drugs. But the arrest had taken place in an apartment in another nearby building. Tenant claimed that landlord couldn't evict him. The court ruled for tenant and dismissed the case. For landlord to evict tenant for drug activity, the illegal activity must take place in or about the apartment or building where the tenant lived.

RRW Realty Corp. v. Flores: NYLJ, p. 28, col. 3 (2/10/99) (Civ. Ct. Bronx; Heymann, J)

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