Landlord Didn't Prove Apartment Was Used for Illegal Drug Trade

Landlord sued to evict rent-stabilized tenant for drug-related criminal activity in tenant's apartment, following the arrest of an occupant at the apartment. Landlord said that the HUD Voucher Program, administered by NYCHA, was terminated based on tenant's objectionable conduct.

The trial court ruled against landlord. Landlord needed to prove that tenant customarily or habitually used or permitted others to use the apartment for drug-related criminal or illegal activity. A police officer testified that he witnessed one transaction between tenant's grandson and an informant in the hallway outside the apartment. The two later walked away from the apartment and down the building's hallway staircase. Based on this event, police obtained a search warrant and executed a thorough apartment search. They recovered 1/8 of an ounce of cocaine inside a pants pocket, a small hand-held scale with cocaine residue, and one Ziploc bag containing 18 small, empty Ziploc bags. There was no other evidence of illegal drug trade or use at the apartment.

This evidence didn't support a finding that the apartment was customarily or habitually used for illegal drug trade, or that tenant knew or should have known of, and acquiesced in, the regular use of apartment for the sale of illegal drugs. The court dismissed the case.

Hunts Point Hous. Dev. Fund Corp. v. Padilla: Index No. LUT 056994/18, 2020 NY Slip Op 50708(U)(Civ. Ct. Bronx; 5/26/20; Black, J)