Landlord Can't Evict Tenant for Possession of Child Porn

September 30, 2009

LVT Number: #22173

Landlord sued to evict rent-stabilized tenant for engaging in an illegal trade, business, or manufacture in his apartment. Landlord's employee had entered the apartment to inspect for a leak when tenant wasn't home and saw changing images of naked children on tenant's computer. Tenant was later arrested and convicted of possession and receiving over 2,000 images of child pornography. The court ruled against landlord, finding no grounds for eviction. Mere possession of the images was similar to possession of drugs. It wasn't the same as sale or distribution.

Landlord sued to evict rent-stabilized tenant for engaging in an illegal trade, business, or manufacture in his apartment. Landlord's employee had entered the apartment to inspect for a leak when tenant wasn't home and saw changing images of naked children on tenant's computer. Tenant was later arrested and convicted of possession and receiving over 2,000 images of child pornography. The court ruled against landlord, finding no grounds for eviction. Mere possession of the images was similar to possession of drugs. It wasn't the same as sale or distribution. There was no proof that tenant was either a danger to others or that he substantially annoyed his neighbors. Shortly after the housing court decision was issued, tenant was sentenced to 10 years in prison and planned to appeal.

ST Owner v. Bonczek: NYLJ, 9/22/09, p. 39, col. 1 (Civ. Ct. NY; Elsner, J)

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