No Proof of Ongoing Illegal Activity by Tenant

Landlord NYCHA sued to evict tenant for illegal narcotics-related activity. Tenant’s babysitter had been arrested and, with a search warrant, police found heroin and cocaine in one of the bedrooms in tenant’s apartment. The court ruled for tenant and dismissed the case. The babysitter testified that he packaged drugs in an emergency stairwell in the building and sold drugs down the block. He stored drugs in tenant’s bedroom when he went out. But landlord didn’t claim that tenant participated in this activity, and there was no proof that she knew or should have known about the drug activity. Landlord also failed to show that there was ongoing illegal activity in tenant’s apartment.

NYCHA v. Williams: 53380/07, NYLJ 1202464429556 (Civ. Ct. Bronx; Alterman, J; 7/21/10)