Eviction Case Based on Illegal Apartment Activity Was Untimely

May 19, 2015

LVT Number: #26156

In January 2014, Landord sued to evict rent-stabilized tenant for using the apartment for an illegal trade or business. Landlord claimed that on Sept. 21, 2011, tenant possessed and maintained loaded firearms and ammunition at the apartment. Tenant was convicted of second degree criminal possession of a weapon in October 2013. Tenant asked the court to dismiss the case as untimely. The court ruled for tenant. Landlord had one year from the termination of the criminal case against tenant to start a civil court case based on the crime.

In January 2014, Landord sued to evict rent-stabilized tenant for using the apartment for an illegal trade or business. Landlord claimed that on Sept. 21, 2011, tenant possessed and maintained loaded firearms and ammunition at the apartment. Tenant was convicted of second degree criminal possession of a weapon in October 2013. Tenant asked the court to dismiss the case as untimely. The court ruled for tenant. Landlord had one year from the termination of the criminal case against tenant to start a civil court case based on the crime. Landlord started the eviction case more than two years after tenant was arrested for the conduct that was the grounds for landlord's case. 

SLL 407 CPW, LLC v. Reilly: Index No. 54672/2014, NYLJ No. 1202723952513 (Civ. Ct. NY; 3/24/15; Spears, J)

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