Eviction Case Stayed Pending Outcome of Criminal Case

June 16, 2014

LVT Number: #25573

Landlord sued to evict tenant, claiming that the apartment was used illegally after tenant and her son were arrested there. Tenant's son pleaded guilty to criminal possession and sale of drugs and was undergoing treatment for 12 to 18 months. Tenant claimed that she was innocent, was awaiting trial, and asked the court to stay the eviction proceeding pending the outcome of the criminal case. The court ruled for tenant. The son had admitted his illegal acts, no longer lived at the apartment, and wasn't returning.

Landlord sued to evict tenant, claiming that the apartment was used illegally after tenant and her son were arrested there. Tenant's son pleaded guilty to criminal possession and sale of drugs and was undergoing treatment for 12 to 18 months. Tenant claimed that she was innocent, was awaiting trial, and asked the court to stay the eviction proceeding pending the outcome of the criminal case. The court ruled for tenant. The son had admitted his illegal acts, no longer lived at the apartment, and wasn't returning. Tenant should be given the chance to defend herself in the criminal case before the eviction case was decided. She had lived in the apartment for 20 years without any ongoing drug activity.

Fulton St. South Redevelopment v. James: Index No. 92478/2013, NYLJ No. 1202653474398 (Civ. Ct. Kings; 4/10/14; Lai, J)

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