Insufficient Proof of Illegal Drug Trade at Tenant's Apartment

May 15, 2013

LVT Number: #24803

Landlord sued to evict tenant for nuisance based on the illegal sale or distribution of narcotics. Landlord claimed that it had been notified by the Bronx D.A.'s office that a police search of the apartment had produced proof of illegal drug sales, and that tenant had been arrested. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord's petition presented no facts to support its claim that tenant's one sale of one tablet of a controlled substance was evidence of an illegal trade or business.

Landlord sued to evict tenant for nuisance based on the illegal sale or distribution of narcotics. Landlord claimed that it had been notified by the Bronx D.A.'s office that a police search of the apartment had produced proof of illegal drug sales, and that tenant had been arrested. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord's petition presented no facts to support its claim that tenant's one sale of one tablet of a controlled substance was evidence of an illegal trade or business. The court can't assume that tenant's activity was habitual. And the termination notice can't be expanded at trial to include additional facts. 

Poko-St. Anns, LP v. Woodley: Index No. 30654/12, NYLJ No. 1202594267941 (Civ. Ct. Bronx; 4/3/13; Spears, J)

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