Insufficient Proof of Drug Sales from Tenant’s Apartment

August 24, 2015

LVT Number: #26466

Landlord sued to evict elderly, disabled tenant for illegal use of tenant’s apartment after tenant’s son was arrested there. Police removed three ounces of marijuana, a digital scale, and $1,900 in cash. A larger amount of marijuana was recovered from inside tenant’s couch. The court ruled against landlord. Tenant testified credibly that he had never seen drugs in the apartment before. And the son who was arrested didn’t live in the apartment but was only visiting that day.

Landlord sued to evict elderly, disabled tenant for illegal use of tenant’s apartment after tenant’s son was arrested there. Police removed three ounces of marijuana, a digital scale, and $1,900 in cash. A larger amount of marijuana was recovered from inside tenant’s couch. The court ruled against landlord. Tenant testified credibly that he had never seen drugs in the apartment before. And the son who was arrested didn’t live in the apartment but was only visiting that day. There was insufficient proof of drug traffic for commercial purposes or that tenant knew or should have known of the illegal activity in the apartment.

 

 

NYCHA v. Morales: Index No. L&T14410/14, NYLJ No. 1202732550335 (Civ. Ct. NY; 7/9/15; Saxe, J)

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