No Proof that Apartment Used for Illegal Purposes

July 31, 2005

LVT Number: 18236

Landlord sued to evict elderly rent-stabilized tenant for illegal activity in his apartment. Tenant had been arrested for possession of less than four ounces of marijuana. The court ruled against landlord. Landlord appealed and lost. Landlord didn't claim that tenant sold or attempted to sell drugs from the apartment. The criminal charge had been dismissed. The trial court found that there was no proof that the apartment was used for drug activity or that any illegal use occurred regularly. The trial court's decision fairly interpreted the evidence.

Landlord sued to evict elderly rent-stabilized tenant for illegal activity in his apartment. Tenant had been arrested for possession of less than four ounces of marijuana. The court ruled against landlord. Landlord appealed and lost. Landlord didn't claim that tenant sold or attempted to sell drugs from the apartment. The criminal charge had been dismissed. The trial court found that there was no proof that the apartment was used for drug activity or that any illegal use occurred regularly. The trial court's decision fairly interpreted the evidence.

554 West 148th St. Assoc., LLC v. Thomas: NYLJ, 7/27/05, p. 23, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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