No Proof Tenant Knew of Boyfriend's Illegal Drug Trade

Landlord sued to evict tenant based on its claim that her apartment was being used for an illegal narcotics trade. Landlord claimed that tenant's boyfriend sold drugs from the apartment. Tenant asked the court to dismiss the case. She claimed that she didn't know anything about any illegal activity in the apartment. The court ruled for tenant and dismissed the case. Using a warrant, police had found a nine-millimeter firearm and plastic bags containing crack cocaine in the apartment. But the boyfriend was arrested for possession of an illegal gun, not narcotics. And landlord presented no proof tending to show that any drug trade or business was being conducted in the apartment. Landlord also presented no proof that tenant knew or should have known that her boyfriend was conducting illegal drug activity in her apartment. The case was dismissed.

NYCHA v. Lipscomb-Arroyo: NYLJ, 6/11/08, p. 32, col. 1 (Civ. Ct. Kings; Velasquez, J)