Landlord Can Evict Tenant Based on Son's Illegal Activity

Landlord sued to evict 79-year-old tenant for selling narcotics from her apartment. Tenant denied the allegations. The court ruled for landlord after trial. Police had searched the apartment with a warrant and found 35 glassine envelopes containing heroin, some cash, scales, and other items. Police detectives testified at trial that tenant‘s son was selling drugs from the apartment and had previously sold to undercover officers at the apartment. The apartment was a duplex, and tenant claimed that she didn’t know about her son’s drug activities. But she admitted that she knew of her son’s prior drug use and recent relapse. The court didn’t believe that tenant was unaware of the son’s heroin use and drug activity. Tenant knew or should have known that illegal activity was being conducted at the apartment. 

Waterside Plaza Ground Lessee, LLC v. Hirsch: 48 Misc.3d 1203(A), 2015 NY Slip Op 50940(U) (Civ. Ct. NY; 6/22/15; Kraus, J)