Landlord Can't Use Sealed Records in Eviction Proceeding

December 1, 2006

LVT Number: 19287

Landlord sued to evict tenant for illegal drug activity in tenant's apartment. Tenant asked the court to dismiss the case. Tenant had been arrested, and landlord sought to use documentary and physical evidence from that case in the eviction proceeding. But the charges against tenant had been dismissed and the case sealed. The court ruled for tenant in part. Civil court didn't have the power to unseal criminal records, and landlord wasn't an agency that may have had authority to unseal the records.

Landlord sued to evict tenant for illegal drug activity in tenant's apartment. Tenant asked the court to dismiss the case. Tenant had been arrested, and landlord sought to use documentary and physical evidence from that case in the eviction proceeding. But the charges against tenant had been dismissed and the case sealed. The court ruled for tenant in part. Civil court didn't have the power to unseal criminal records, and landlord wasn't an agency that may have had authority to unseal the records. So landlord was barred from using evidence from the criminal case in court, but the court refused to dismiss the case.

M.S. Housing Assocs. v. Williams: NYLJ, 11/15/06, p. 23, col. 3 (Civ. Ct. NY; Martino, J)

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