Insufficient Proof of Illegal Activity

Facts: Landlord sued to evict tenant for permitting illegal drug activity in her apartment. Tenant denied that her son lived with her, but police and other witnesses testified about drug activity at the building involving tenant's son. Witnesses also saw women alleged to be prostitutes entering the apartment with tenant's son. Court: Landlord loses. There was no proof that tenant had ever been arrested or otherwise involved in drugs or prostitution activity in or near her apartment building. While tenant's son was arrested five times for drug-related offenses, only two of these were for sale of drugs. Landlord also began the eviction proceeding three years after the drug sale arrests. No drugs or drug paraphernalia were found in the apartment.

Paragon Realty Corp. v. Kelly: NYLJ, p. 27, col. 2 (10/30/96) (Civ. Ct. Bronx; Thomas, J)