Landlord Can't Use Sealed Records Against Tenant in Eviction Case

Landlord sued to evict tenant, claiming that she used, or allowed use of, her apartment for illegal activity and the sale of narcotics. Tenant asked the court to strike any references to sealed records in the proceeding and to stop landlord from introducing any proof of such records at trial. The court ruled for tenant, since reference to the sealed records was prevented by law and the records in question didn’t fall under any exception found in the statute. The Criminal Procedure Law and Human Rights Law contained provisions about sealed records in order to protect an exonerated accused person consistent with the presumption of innocence. The trial would otherwise go forward as scheduled.

230 W 140 Inc. v. Carter: Index No. L&T 50980/2015, NYLJ No. 1202761611506 (Civ. Ct. NY; 6/6/16; Kraus, J)