Illegal Drug Activity

Facts: Landlord sued to evict tenant for using her apartment for an illegal trade or business after police seized 80 glassine envelopes of heroin and drug paraphernalia from tenant's apartment. Tenant claimed that the items were seized illegally, that the drugs were for personal use only, and that the other items seized were merely household items. Tenant asked the court to dismiss the case. Court: Tenant loses. Personal use of narcotics can't be a reason for eviction. But the manner of packaging of the drugs found in tenant's apartment indicated sale or distribution. The amount of heroin actually found didn't matter. The other items found in the apartment, such as lactose (commonly used as a cutting agent for drugs) and cash in small bills, could also properly be considered as more than mere household items when seen in connection with the drugs. The search warrant used by the police to enter tenant's apartment also seemed to have been properly issued. If it wasn't, any error wasn't substantial enough to warrant excluding the evidence. Tenant's request to dismiss the case and exclude the evidence was denied.

NYCHA v. Manley: NYLJ, p. 26, col. 2 (1/8/97) (Civ. Ct. NY; Gische, J)