Landlord Didn't Prove Drug-Related Criminal Activity by Tenant

Landlord sued to evict HUD tenant for engaging in drug-related criminal activity in violation of her lease. The court ruled against landlord after a trial. Evidence showed that tenant allowed the police to search her apartment and that the search was part of an unrelated arrest of a person who misstated that he lived in tenant's apartment. Tenant cooperated at all times and only a small amount of marijuana was found in one area of the apartment. On its own, this didn't amount to criminal possession or sale under New York law. Neighbors also testified that they knew of no history of drug activity by tenant. And there was no proof that the drugs were intended for sale or part of any ongoing illegal activity. Landlord therefore didn't prove that tenant breached her lease by engaging in drug-related criminal activity.

Beautiful Village Associates Redevelopment Company v. Gomez: 35 Misc.3d 1204(A), 2012 NY Slip Op 50550(U)(Civ. Ct. NY; 3/14/12; Kaplan, J)