Landlord Didn't Prove Drug-Related Activity Warranted Eviction

Landlord sued to evict HUD tenant for conducting drug-related criminal activity in his apartment, in violation of his lease. The court ruled against landlord after a trial and dismissed the case. Landlord appealed and lost. Tenant admitted that he pleaded guilty to unlawful possession of marijuana, that he was stopped or grabbed by a single police officer as he exited the building, and that the officer's search yielded one bag containing an unspecified amount of pot. This was insufficient to prove that tenant had engaged in drug-related criminal activity as defined under federal regulations. This required possession plus an unlawful intent. Since there was no proof concerning the background facts or circumstances surrounding tenant's arrest, criminal intent couldn't be inferred, and no lease violation was proven. HUD regulations define "drug-related criminal activity" as "the illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute, or use the drug."

Los Tres Unidos Associates LP v. Mercado: 2014 NY Slip Op 24097, 2014 WL 1408540 (App. T. 1 Dept.; 4/11/14; Lowe III, PJ, Shulman, J)