No Proof of Ongoing Drug Traffic at Tenant's Apartment

December 16, 2013

LVT Number: #25221

Landlord sued to evict rent-stabilized tenant for conducting an illegal business trade from her apartment. Landlord claimed that tenant's daughter, an apartment occupant, sold oxycodone to an undercover police officer in the vicinity of tenant's apartment. Tenant asked the court to dismiss the case, because there was no claim that drugs were being sold from the apartment itself. Tenant also argued that the one cited incident was insufficient grounds for eviction. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant for conducting an illegal business trade from her apartment. Landlord claimed that tenant's daughter, an apartment occupant, sold oxycodone to an undercover police officer in the vicinity of tenant's apartment. Tenant asked the court to dismiss the case, because there was no claim that drugs were being sold from the apartment itself. Tenant also argued that the one cited incident was insufficient grounds for eviction. The court ruled for tenant and dismissed the case. Landlord failed to show that there was an ongoing business of manufacturing or selling drugs at tenant's apartment, or that tenant knew or allowed any illegal use of the apartment. 

Creston 2075 LLC v. Diaz: Index No. L&T 19707/13, NYLJ 1202628473583 (Civ. Ct. Bronx; 11/4/13; Stanley, J)

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