Landlord Can't Evict Elderly Tenant for Son's Illegal Drug Activity

June 30, 2007

LVT Number: #19679

Landlord sued to evict rent-stabilized tenant based on illegal drug activity in the apartment by tenant's son and grandson. The Manhattan District Attorney's office had asked landlord to file the eviction proceeding after police used a search warrant to enter the apartment and found marijuana and drug paraphernalia in the apartment. Tenant's grandson had been arrested near the building. The trial court ruled against landlord. Landlord appealed and won. Tenant then appealed and won. Tenant was in her 70s and had poor vision and hearing.

Landlord sued to evict rent-stabilized tenant based on illegal drug activity in the apartment by tenant's son and grandson. The Manhattan District Attorney's office had asked landlord to file the eviction proceeding after police used a search warrant to enter the apartment and found marijuana and drug paraphernalia in the apartment. Tenant's grandson had been arrested near the building. The trial court ruled against landlord. Landlord appealed and won. Tenant then appealed and won. Tenant was in her 70s and had poor vision and hearing. Her son lived with her temporarily and her grandson stayed only occasionally. A small amount of drugs was found in closed containers in a back bedroom that tenant didn't sleep in and in an air shaft. At trial, tenant was easily confused, forgetful, and not always aware of her surroundings. Tenant didn't know that her son or grandson were using or selling drugs, and shouldn't be evicted on this basis.

855-79 LLC v. Salas: NYLJ, 6/4/07, p. 27, col. 1 (App. Div. 1 Dept.; Andrias, JP, Marlow, Nardelli, Sweeny, McGuire, JJ)

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