Tenant Was Arrested for Drug Sale Four Blocks from Building

Landlord of building receiving subsidy assistance from the National Housing Act Section 221(d)(3) Below Market Interest Rate Program sued to evict tenant based on criminal drug activity. The court denied tenant's request to dismiss the case. A lease clause allowing termination of the tenancy if tenant engaged in criminal activity didn't provide an independent basis for eviction. Also, landlord didn't claim that landlord determined that any household member was using illegal drugs. But tenant's arrest for criminal sale of a controlled substance four blocks away from the building was near enough to trigger, if proved, termination of tenant's lease for drug-related criminal activity at or near the premises. A trial was needed to determine the facts.

One Eighteen Housing Development Fund, Inc. v. Smith: 52 N.Y.S.3d 205, 2017 NY Slip Op 27141, NYLJ No. 1202785855806 (Civ. Ct. NY; 5/3/17; Weisberg, J)