Landlord Didn't Prove Apartment Used for Illegal Drug Activity

Landlord sued to evict tenant after tenant's son and seven other people were arrested in tenant's apartment. Drugs, money, and paraphernalia were seized in tenant's living room. Tenant's son didn't live in the apartment, and tenant claimed that she knew nothing about the drug transactions. Landlord argued that tenant permitted the illegal activity to be carried on in the apartment. The court ruled against landlord. In this case, the drugs were found in one location on or near a guest, there was no proof of prior drug activity at the apartment, or a prior connection to the apartment by the people who didn't live there. There was no proof that tenant was involved in or knew about the drug activity.

Clifton Court v. Williams: NYLJ, p. 25, col. 5 (8/15/96) (Civ. Ct. Kings; Reichbach, J)