Landlord Fined $25,000 for Failing to Evict Drug Dealers

Facts: Police seized drugs, weapons, and narcotics paraphernalia from five apartments in one building. The New York County District Attorney's (D.A.) Office then notified landlord that an illegal business was being conducted in the building. It ordered landlord to bring eviction proceedings, which landlord didn't do. Under the city's Narcotics Eviction Program, the D.A. therefore sued to evict tenants for illegal use of the apartments. The D.A. proved that the apartments were used for the illegal sale of narcotics, and eviction warrants were issued. The D.A. then asked the court for sanctions against landlord for not starting the proceedings. Court: Sanctions can be applied against landlord under Real Property Actions and Proceedings Law (RPAPL) Section 715(4). Landlord failed to bring the eviction actions, contact the D.A.'s office, or appear at trial. Landlord was fined $5,000 for each of the apartments, for a total of $25,000. Landlord was also ordered to pay $5,000 in attorney's fees. Landlord had a duty to take minimal security measures in the face of foreseeable criminal activity and to maintain the building so that a public danger wouldn't be present.

[New York County District Attorney's Office v. Perez: NYLJ, p. 27, col. 5 (12/1/92) (Civ. Ct. NY; Collazo, J)].