NYCHA Can Evict Tenant for Possession of Illegal Drugs

March 31, 2009

LVT Number: #21113

Landlord NYCHA terminated tenant’s lease based on illegal drug activity in tenant’s apartment. Tenant appealed NYCHA’s decision, claiming that it was arbitrary and unreasonable. Tenant claimed that she was unaware of any drug activity in her apartment. The court ruled against tenant. Using search warrants on two separate occasions, police found illegal drugs in tenant’s apartment. Since tenant’s lease prohibited keeping illegal drugs in the apartment, NYCHA reasonably decided to terminate the tenancy.

Landlord NYCHA terminated tenant’s lease based on illegal drug activity in tenant’s apartment. Tenant appealed NYCHA’s decision, claiming that it was arbitrary and unreasonable. Tenant claimed that she was unaware of any drug activity in her apartment. The court ruled against tenant. Using search warrants on two separate occasions, police found illegal drugs in tenant’s apartment. Since tenant’s lease prohibited keeping illegal drugs in the apartment, NYCHA reasonably decided to terminate the tenancy.

Sterling v. NYCHA: NYLJ, 3/11/09, p. 26, col. 3 (Sup. Ct. NY; Shafer, J)

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