Landlord Can't Evict Tenant for DUI of Prescription Drugs

September 8, 2012

LVT Number: #24324

Landlord housing authority sued to evict tenant based on drug-related criminal activity, which was grounds for eviction under federal housing law. Landlord claimed that tenant was arrested for driving under the influence of psychotropic medication, and therefore violated his lease. The court ruled against landlord. Drug-related criminal activity must involve "illegal" drugs or controlled substances. Tenant was using prescription drugs at the time of the arrest, and no violence was involved.

Landlord housing authority sued to evict tenant based on drug-related criminal activity, which was grounds for eviction under federal housing law. Landlord claimed that tenant was arrested for driving under the influence of psychotropic medication, and therefore violated his lease. The court ruled against landlord. Drug-related criminal activity must involve "illegal" drugs or controlled substances. Tenant was using prescription drugs at the time of the arrest, and no violence was involved. Evicting tenant for this incident would be contrary to public policy and against the intent of federal housing law.

Town of Oyster Bay Housing Authority: Index No. LT-006532-11, NYLJ No. 1202566238417 (Dist. Ct. Nassau; 7/31/12; Fairgrieve, J)

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