Landlord Can Evict Tenant for Drug Trade Conducted in Unit

January 29, 2020

LVT Number: #30586

Landlord sued to evict tenant for illegal use of his apartment. The trial court ruled for landlord. Tenant appealed and lost. During a lawful search of tenant's apartment, police recovered drugs and paraphernalia from various locations, including 139 twists of crack/cocaine from a bag on the bed, 29 twists of crack/cocaine between a speaker and a couch, 12 bags of marijuana on a coffee table, a scale containing marijuana residue on a window sill, 209 small bags, and a razor blade containing cocaine residue.

Landlord sued to evict tenant for illegal use of his apartment. The trial court ruled for landlord. Tenant appealed and lost. During a lawful search of tenant's apartment, police recovered drugs and paraphernalia from various locations, including 139 twists of crack/cocaine from a bag on the bed, 29 twists of crack/cocaine between a speaker and a couch, 12 bags of marijuana on a coffee table, a scale containing marijuana residue on a window sill, 209 small bags, and a razor blade containing cocaine residue. Tenant was arrested as a result of the search and pleaded guilty to a felony drug charge. The facts supported the trial court's conclusion that the apartment was used to facilitate drug trade and that tenant knew and acquiesced in the illegal drug activity in the apartment.

Maxwell Dev. L.P. v. Newkirk: 65 Misc.3d 154(A), 2019 NY Slip Op 51911(U) (App. T. 1 Dept.; 12/2/19; Shulman, PJ, Cooper, Edmead, JJ)

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