Landlord Can Evict Tenant for Illegal Drug Transactions

February 1, 2010

LVT Number: #22426

Landlord NYCHA terminated a tenancy after finding that tenant allowed illegal drug transactions inside her apartment and was chronically late paying rent. Tenant appealed and lost. She argued that NYCHA’s decision was arbitrary and unreasonable. Tenant claimed that she had no knowledge of any drug dealing in her apartment. But NYCHA’s decision was supported by substantial evidence. A detective testified at the NYCHA hearing that tenant and others were arrested in the apartment.

Landlord NYCHA terminated a tenancy after finding that tenant allowed illegal drug transactions inside her apartment and was chronically late paying rent. Tenant appealed and lost. She argued that NYCHA’s decision was arbitrary and unreasonable. Tenant claimed that she had no knowledge of any drug dealing in her apartment. But NYCHA’s decision was supported by substantial evidence. A detective testified at the NYCHA hearing that tenant and others were arrested in the apartment. He also testified that tenant was present when a confidential police informant made three buys of crack cocaine in the apartment over a two-month period. NYCHA’s records also showed that tenant repeatedly failed to pay her rent.

Lugo v. NYCHA: NYLJ, 1/20/10, p. 26, col. 1 (Sup. Ct. NY; Edmead, J)

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