Landlord Didn't Prove Ongoing Illegal Activity in Apartment

Landlord sued to evict tenant after serving a 10-day termination notice based on illegal use of the apartment. Landlord claimed that the District Attorney directed it to start the eviction action against tenant. Landlord proved that tenant was arrested for possession of controlled substances. But the majority of illegal substances were found in the bedroom of tenant's son. Only a container of painkillers was found in tenant's room. Tenant claimed that she was unaware that her son was involved in illegal drug activity and that the painkillers were prescribed for her after a car accident. The court ruled for tenant and dismissed the case. Landlord didn't claim, and didn't prove, that tenant was involved in or knew about her son's activities. There was no police prosecution against tenant herself. Personal use of a controlled substance wasn't grounds to evict a rent-stabilized tenant.

Central Astoria v. Klisures: Index No. 63327/2011, NYLJ No. 1202558913064 (Civ. Ct. Queens; 5/29/12; Waithe, J)