Landlord Can't Evict Tenant Who Didn't Know About Son's Drug Activity

April 19, 2015

LVT Number: #26087

Landlord sued to evict tenant for illegal use of her rent-stabilized apartment based on drug trafficking. The court ruled for landlord after a trial. Tenant appealed and won. Even if there was sufficient proof that the apartment was used for illegal drug activity, it wasn't enough to prove that the elderly and infirm tenant knew about, should have known about, or consented to her son's sale of Xanax from the apartment. The case was dismissed. 

Landlord sued to evict tenant for illegal use of her rent-stabilized apartment based on drug trafficking. The court ruled for landlord after a trial. Tenant appealed and won. Even if there was sufficient proof that the apartment was used for illegal drug activity, it wasn't enough to prove that the elderly and infirm tenant knew about, should have known about, or consented to her son's sale of Xanax from the apartment. The case was dismissed. 

518 West 184th Street LLC v. Guzman: 2015 NY Slip Op 25066, 2015 WL 871807 (App. T. 1 Dept.; 3/2/15; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)

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