Illegal Use Petition Didn't State Enough Facts

February 1, 1999

LVT Number: 12946

Facts: Landlord sued to evict tenant, claiming that tenant was using the apartment for an illegal trade or business. Landlord's petition stated that the sale of controlled substances was an illegal trade or business. The petition also stated that tenant had been arrested for possession of cocaine. Courts: Landlord loses. While selling or buying drugs is an illegal use of an apartment, merely using drugs isn't. Landlord's petition didn't state that there was a sale of drugs at or near the apartment by tenant or anyone else using the apartment.

Facts: Landlord sued to evict tenant, claiming that tenant was using the apartment for an illegal trade or business. Landlord's petition stated that the sale of controlled substances was an illegal trade or business. The petition also stated that tenant had been arrested for possession of cocaine. Courts: Landlord loses. While selling or buying drugs is an illegal use of an apartment, merely using drugs isn't. Landlord's petition didn't state that there was a sale of drugs at or near the apartment by tenant or anyone else using the apartment. So landlord's petition didn't state enough facts to support the illegal use petition. The case was dismissed.

NYCHA v. Mojica: NYLJ, p. 27, col. 3 (1/4/99) (Civ. Ct. Kings; Thomas, J)

Topics

More like this