Landlord Can't Use Sealed Drug Charge Records Against Tenants

November 24, 2015

LVT Number: #26635

Landlord sued to evict tenants for illegal drug activity in their apartment. At trial, tenants asked the court to strike drug charge records and testimony of a police officer who relied on them to refresh his recollection. Those records had been sealed and tenants exonerated for any crime. So landlord couldn’t use those records as proof in its eviction case. Landlord could still try to prove its case through other evidence.

 

 

 

 

Landlord sued to evict tenants for illegal drug activity in their apartment. At trial, tenants asked the court to strike drug charge records and testimony of a police officer who relied on them to refresh his recollection. Those records had been sealed and tenants exonerated for any crime. So landlord couldn’t use those records as proof in its eviction case. Landlord could still try to prove its case through other evidence.

 

 

 

 

Diego Beekman MHA HDFC v. Blair: Index No. L&T 22876/14, NYLJ No. 1202739153139 (Civ. Ct. Bronx; 9/22/15; Tao, J)

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