NYCHA Tenant's Girlfriend Sold Heroin from Apartment

June 10, 2013

LVT Number: #24827

Landlord NYCHA decided to terminate tenancy for nondesirability because tenant's girlfriend sold heroin to a confidential police informant at tenant's apartment on two separate occasions. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court ruled against tenant. NYCHA's decision was supported by substantial evidence. Using a search warrant, police recovered 52 glassine envelopes of heroin, some other controlled substance, and a large amount of cash from tenant's bedroom. Tenant's girlfriend was an unauthorized apartment occupant.

Landlord NYCHA decided to terminate tenancy for nondesirability because tenant's girlfriend sold heroin to a confidential police informant at tenant's apartment on two separate occasions. Tenant appealed, claiming that NYCHA's decision was unreasonable. The court ruled against tenant. NYCHA's decision was supported by substantial evidence. Using a search warrant, police recovered 52 glassine envelopes of heroin, some other controlled substance, and a large amount of cash from tenant's bedroom. Tenant's girlfriend was an unauthorized apartment occupant. The court deferred to NYCHA's finding that tenant's testimony wasn't credible. He claimed that the girlfriend didn't live in the apartment and that he was unaware of her illegal activity.

Santana v. NYCHA: 965 NYS2d 55, 2013 NY Slip Op 03283 (App. Div. 1 Dept.; 5/7/13; Friedman, JP, Acosta, Moskowitz, Manzanet-Daniels, Clark, JJ)

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