Drug Dealing in Tenant's Apartment

December 1, 2001

LVT Number: 15419

Facts: Landlord sued to evict rent-stabilized tenant under RPAPL Section 711(5) for illegal activity in her apartment. Undercover police had bought drugs from tenant's son in the apartment. Later, with a search warrant, they found more drugs and drug paraphernalia in the apartment. They also arrested tenant's grandson's father in the apartment at that time. Both men said they lived in the apartment. Tenant said she didn't know drugs were being sold from her apartment and that she tried to keep her son out of there. The court ruled against landlord, and landlord appealed.

Facts: Landlord sued to evict rent-stabilized tenant under RPAPL Section 711(5) for illegal activity in her apartment. Undercover police had bought drugs from tenant's son in the apartment. Later, with a search warrant, they found more drugs and drug paraphernalia in the apartment. They also arrested tenant's grandson's father in the apartment at that time. Both men said they lived in the apartment. Tenant said she didn't know drugs were being sold from her apartment and that she tried to keep her son out of there. The court ruled against landlord, and landlord appealed. Court: Landlord wins. Evidence showed that tenant knew or should have known that the drugs were being prepared in, and sold from, her apartment and that she permitted this activity to go on.

88-09 Realty LLC v. Hill: NYLJ, 11/19/01, p. 31, col. 3 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)

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