Landlord Can't Evict Tenant for Small Amount of Heroin Found in Apartment

August 24, 2015

LVT Number: #26459

Landlord sued to evict tenant for selling drugs from his apartment, after police arrested three people in the apartment and recovered heroin and drug paraphernalia. Tenant asked the court to dismiss the case, claiming that he wasn't arrested and that the charges against the other three people were dismissed. Tenant also claimed that only a small amount of drugs was involved. The court ruled for tenant and dismissed the case. The amount of drugs was so small as to only indicate that it was for personal use, not part of an illegal trade or business that could void the lease. 

Landlord sued to evict tenant for selling drugs from his apartment, after police arrested three people in the apartment and recovered heroin and drug paraphernalia. Tenant asked the court to dismiss the case, claiming that he wasn't arrested and that the charges against the other three people were dismissed. Tenant also claimed that only a small amount of drugs was involved. The court ruled for tenant and dismissed the case. The amount of drugs was so small as to only indicate that it was for personal use, not part of an illegal trade or business that could void the lease. 

 

 

 

 

 

 

NYCHA v. Sanchez: Index No. 901219-2014, NYLJ No. 1202732166688 (Civ. Ct. Bronx; 6/26/15; McShan, J)

Topics

More like this