Landlord Claimed Apartment Used for Illegal Drug Activity

Facts: Landlord sued to evict Section 8 tenant after tenant's daughter pleaded guilty to marijuana possession. Tenant's daughter claimed that she never sold drugs from the apartment and that tenant didn't know about her drug possession. Tenant required a home care attendant. Landlord pointed out that federal law permitted landlord to evict tenant for drug activity, whether tenant had knowledge of the activity or not. Court: A hearing was required to determine whether landlord properly sought eviction in this case or merely felt compelled to do so based on a notice it received from the district attorney requesting that it sue to evict tenant. Tenant's daughter had moved out of the apartment. And tenant was partially blind, nearly deaf, had diabetes, and couldn't walk.

Hampton Houses, Inc. v. Smith: NYLJ, 3/13/03, p. 23, col. 2 (Civ. Ct. NY; Schreiber, J)