NYCHA Can Evict Tenant for Drug Arrest in Apartment

May 11, 2012

LVT Number: #24086

Landlord NYCHA terminated tenant's lease for nondesirability and breach of NYCHA rules. Tenant appealed and lost. On a search warrant, the police recovered drugs and drug paraphernalia in the apartment, arrested tenant, her daughter, and a friend who were all present at the time of the raid. NYCHA didn't believe tenant's testimony that she didn't know what was taking place. And tenant had signed a prior stipulation with NYCHA, in which she agreed that she wouldn't allow the friend in question to visit or live in the apartment, even beyond any probationary period.

Landlord NYCHA terminated tenant's lease for nondesirability and breach of NYCHA rules. Tenant appealed and lost. On a search warrant, the police recovered drugs and drug paraphernalia in the apartment, arrested tenant, her daughter, and a friend who were all present at the time of the raid. NYCHA didn't believe tenant's testimony that she didn't know what was taking place. And tenant had signed a prior stipulation with NYCHA, in which she agreed that she wouldn't allow the friend in question to visit or live in the apartment, even beyond any probationary period. NYCHA's decision to terminate the tenancy didn't shock the court's sense of fairness.

Lemmitt v. Morales: NYLJ 4/9/12, p. 19, col. 2 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Catterson, Renwick, Richter, JJ)

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