Evicted Tenant Not Restored to Possession Due to Drug Activity

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. After the eviction, tenant paid all back rent and asked the court to be restored to possession. Landlord opposed tenant's request. Landlord said that tenant had been selling drugs at the building. A hearing was held. Other tenants, building employees, and police all testified that tenant sold drugs and had been arrested for drug possession. The court ruled against tenant. The court had to decide whether tenant presented good cause to be reinstated. In making this decision, the court could consider a variety of factors, including the tenant's activities at the building and whether the tenant posed a threat to other tenants. This tenant's drug activity did pose a threat to other tenants. So tenant didn't present good cause to be reinstated.

Hazy Realty Corp. v. Bermuda: NYLJ, 11/22/04, p. 20, col. 1 (Civ. Ct. Bronx; Alpert, J)