Illegal Use of Apartment

February 1, 1996

LVT Number: 10313

Landlord sued to evict tenant for illegal use of her apartment. Tenant had been arrested in her apartment. Crack cocaine, drug paraphernalia, money, and a gun were seized. Tenant was convicted and sentenced to five years probation. The court ruled for landlord, and tenant appealed. She argued that she already received a criminal sentence, so evicting her would be double punishment. The appeals court ruled against tenant. Evicting tenant wasn't an additional criminal punishment.

Landlord sued to evict tenant for illegal use of her apartment. Tenant had been arrested in her apartment. Crack cocaine, drug paraphernalia, money, and a gun were seized. Tenant was convicted and sentenced to five years probation. The court ruled for landlord, and tenant appealed. She argued that she already received a criminal sentence, so evicting her would be double punishment. The appeals court ruled against tenant. Evicting tenant wasn't an additional criminal punishment. It was landlord's way of protecting other tenants from someone who used an apartment for illegal trade or business.

City of New York v. Wright: NYLJ, p. 28, col. 1 (1/2/96) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Rubin, Asch, Nardelli, JJ)

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