Landlord Claims Illegal Activity at Apartment

Landlord sued to evict rent-stabilized tenant, claiming that tenant used the apartment, or allowed the use of the apartment, for illegal activity. Tenant asked the court to dismiss the case without a trial. She claimed that landlord's court papers contained no facts to support its claim, and failed even to allege that tenant knew or should have known about illegal activity in her apartment. The court ruled for tenant and dismissed the case. Landlord's termination notice stated the grounds for landlord's claim was set forth in a notice received from the district attorney, but didn't mention tenant. The case was started based on a search warrant and property found in the apartment that belonged to another person. Landlord had to make a connection between tenant and the other person to show a basis for its belief that tenant knew of the claimed illegal activity. Since landlord failed to do so, the case must be dismissed.

Shuhab HDFC v. Headen: Index No. 77037/10, NYLJ No. 12024844319265 (Civ. Ct. NY; 2/22/10; Hahn, J)