Single Sale of Drugs Not Enough for Eviction

Landlord NYCHA sued to evict long-term tenant, claiming that her apartment had been used for the illegal sale of drugs. Tenant had been arrested in her apartment for possession of crack cocaine. The court ruled against landlord. The arresting police officers had found only one vial of crack and a pipe in tenant's apartment, which showed possession rather than drug trafficking. They didn't find items such as drug paraphernalia, packaging materials, beepers, records, cash, or guns, which would indicate a commercial drug operation. Landlord claimed that there had been three drug sale incidents before the arrest, but, based on police witness testimony, only one incident was an alleged a drug sale involving the apartment. Tenant also testified that she was now working to recover from a prior drug addiction.

NYCHA v. Boney: NYLJ, p. 29, col. 5 (2/3/98) (Civ. Ct. Kings; Reichbach, J)