No Proof of Drug Traffic from Tenant's Apartment

July 15, 2013

LVT Number: #24928

Landlord sued to evict HUD Section 8 tenant, at the request of the Bronx DA, for unlawful use of the apartment for drug trade. The court granted tenant's request to dismiss the case. Tenant had been arrested near the apartment complex for selling marijuana, and police found less than an ounce of marijuana in tenant's apartment, which they searched without a warrant. The court ruled for tenant and dismissed the case. There was no proof that the apartment was the focal point of an illegal business or trade.

Landlord sued to evict HUD Section 8 tenant, at the request of the Bronx DA, for unlawful use of the apartment for drug trade. The court granted tenant's request to dismiss the case. Tenant had been arrested near the apartment complex for selling marijuana, and police found less than an ounce of marijuana in tenant's apartment, which they searched without a warrant. The court ruled for tenant and dismissed the case. There was no proof that the apartment was the focal point of an illegal business or trade. Police found no scales, paraphernalia, or cash indicating that drugs were being prepared or sold from the apartment. 

Morrisania APTS LLC v. Linton: Index No. L&T55227/12, NYLJ No. 1202603559958 (Civ. Ct. Bronx; 6/12/13; Stanley, J)

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