Landlord Didn't Prove Drug Activity Took Place in Apartment

November 1, 2003

LVT Number: 16904

Landlord sued to evict tenant for allowing drug activity in her apartment. Landlord had gotten a letter from the district attorney with a copy of criminal court papers, stating that two people were arrested at tenant's apartment. Police had gone there with a search warrant and recovered cocaine, marijuana, and drug paraphernalia. At the trial, tenant testified that she was unaware of the drug use of the arrested people. One of the arrested people explained that the plastic bags seized by the police were used for holding beads for her craftwork.

Landlord sued to evict tenant for allowing drug activity in her apartment. Landlord had gotten a letter from the district attorney with a copy of criminal court papers, stating that two people were arrested at tenant's apartment. Police had gone there with a search warrant and recovered cocaine, marijuana, and drug paraphernalia. At the trial, tenant testified that she was unaware of the drug use of the arrested people. One of the arrested people explained that the plastic bags seized by the police were used for holding beads for her craftwork. The court ruled against landlord and dismissed the case. Landlord didn't prove that the apartment was used for drug dealing or that tenant knew about or permitted illegal drug activity there.

Normandy Realty Inc. v. Boyer: NYLJ, 10/6/03, p. 23, col. 1 (Civ. Ct. Bronx; Fiorella, J)

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