Tenant's Apartment Used for Illegal Drug Business

July 31, 2010

LVT Number: #22793

Landlord sued to evict tenant for illegal use of her apartment. Using a search warrant, police had recovered heroin, marijuana, and drug paraphernalia. The court ruled for landlord after a trial, where the arresting officer testified that the apartment was used to dilute, package, and distribute heroin. Tenant appealed and lost. Tenant claimed that she was unaware that her apartment was being used for selling drugs. But landlord proved that the apartment was used for an illegal business purpose.

Landlord sued to evict tenant for illegal use of her apartment. Using a search warrant, police had recovered heroin, marijuana, and drug paraphernalia. The court ruled for landlord after a trial, where the arresting officer testified that the apartment was used to dilute, package, and distribute heroin. Tenant appealed and lost. Tenant claimed that she was unaware that her apartment was being used for selling drugs. But landlord proved that the apartment was used for an illegal business purpose. And, given the nature and amount of drugs recovered, tenant knew or should have known of the illegal activity.

MS Housing Associates v. Greene: NYLJ, 7/23/10, p. 33, col. 4 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, Jr., JJ)

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