Drug Sentencing No Bar to Eviction

September 30, 1995

LVT Number: 9040

Landlord sued to evict tenant for illegal use of her apartment. Tenant had pleaded guilty to charges of attempted drug possession, and was sentenced to five years' probation. Tenant argued that she'd already been punished for the drug offense, and that evicting her would be double punishment for the crime. The trial court ruled for landlord, and tenant appealed. The court ruled for landlord. Tenant was evicted to protect the health and safety of the other tenants in the building---not to punish her for the drug possession.

Landlord sued to evict tenant for illegal use of her apartment. Tenant had pleaded guilty to charges of attempted drug possession, and was sentenced to five years' probation. Tenant argued that she'd already been punished for the drug offense, and that evicting her would be double punishment for the crime. The trial court ruled for landlord, and tenant appealed. The court ruled for landlord. Tenant was evicted to protect the health and safety of the other tenants in the building---not to punish her for the drug possession.

City of New York v. Wright: NYLJ, p. 21, col 1 (8/12/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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