Tenant Can Be Evicted for Son's Drug Activity at Apartment

(Decision submitted by Jeffrey H. Seiden of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to evict rent-stabilized tenant based on illegal activity at her apartment. At trial, a narcotics detective testified that the police searched the three-bedroom apartment with a warrant in 2013 and found in the open 240 packages of crack cocaine, other drug paraphernalia, two packages of heroin, and a measuring scale. The detective stated that, in her opinion, the drugs were arranged for sale and that there was too much for personal use. Tenant's son also later pled guilty to criminal possession of narcotics with intent to sell. Tenant testified that, although her son lived with her, she wasn't involved with the drugs, never used them, and never saw them in the apartment.

The court ruled for landlord. Given the amount of drugs found and the son's conviction, landlord proved that the apartment was used to facilitate trade in drugs and that tenant knew or should have known of her son's activities and acquiesced. The drugs and paraphernalia were found in the half bathroom, second bedroom, and closet of the third bedroom, which was tenant's room. The police also had searched the apartment on prior occasions looking for drugs.

WHGA Renaissance Apts. LP v. Jackson: Index No. L&T 50984/2014 (Civ. Ct. NY; 9/26/14; Stoller, J)