Landlord Didn't Prove Apartment Used for Illegal Purpose

April 1, 2005

LVT Number: 17977

Landlord sued to evict tenant for using his apartment for illegal purposes. Tenant had been arrested in connection with a drug transaction. The court ruled for landlord. Tenant appealed and lost. The drug sale was made by another person to an undercover police officer. That person claimed to be using tenant's apartment, but the drug sale was made outside the apartment. No drugs or drug paraphernalia were found in the apartment. And there was no showing of any previous criminal conduct by tenant or from the apartment.

Landlord sued to evict tenant for using his apartment for illegal purposes. Tenant had been arrested in connection with a drug transaction. The court ruled for landlord. Tenant appealed and lost. The drug sale was made by another person to an undercover police officer. That person claimed to be using tenant's apartment, but the drug sale was made outside the apartment. No drugs or drug paraphernalia were found in the apartment. And there was no showing of any previous criminal conduct by tenant or from the apartment.

137 Realty Assocs. v. Samuel: NYLJ, 3/22/05, p. 27, col. 2 (App. T. 1 Dept.; Davis, JD, Gangel-Jacob, Schoenfeld, JJ)

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