Drug Use Eviction Proceeding Doesn't Require Dismissal of Prior Nonpayment Proceeding

Landlord sued to evict tenant for nonpayment of rent in January 2006. The court ruled for landlord based on tenant's failure to appear in court. An eviction warrant was issued. Tenant later asked the court to delay eviction, and landlord and tenant signed a settlement agreement with a six-month payment schedule for the back rent owed. Tenant also agreed to stay current with new rent. Tenant had problems making payments and, at some point, a guardianad litem was appointed for her. While this was pending, in September 2006, the police entered tenant's apartment with a search warrant and found crack cocaine and drug paraphernalia. The DA then told landlord that it must begin an illegal drug eviction proceeding against tenant. Landlord did so in early 2007. Tenant then asked the court to dismiss the nonpayment proceeding. The court ruled against tenant. Generally, commencement of a holdover proceeding would require dismissal of a prior nonpayment proceeding because they are inconsistent. But an illegal drug holdover voids the lease because of a special law for this purpose. Landlord didn't have to withdraw the nonpayment proceeding. There was a judgment in place, and tenant still owed $6,900 in back rent.

Bel Air Leasing LP v. Kuperblum: NYLJ, 4/11/07, p. 20, col. 3 (Civ. Ct. Kings; Heymann, J)