DA Approval of Drug Eviction Case Settlement Not Required

LVT Number: #20087

The Manhattan district attorney (DA) ordered landlord to evict long-term tenant whose son had been arrested for possession of drugs and weapons found in tenant's apartment. The son had pleaded guilty and was sentenced to one year in jail. Landlord started the eviction proceeding. Tenant proposed a settlement. She asked landlord to put her on probation for five years, with eviction following if she allowed her son back in the apartment. The DA objected to the proposed settlement. Tenant then sued the DA in State Supreme Court.

The Manhattan district attorney (DA) ordered landlord to evict long-term tenant whose son had been arrested for possession of drugs and weapons found in tenant's apartment. The son had pleaded guilty and was sentenced to one year in jail. Landlord started the eviction proceeding. Tenant proposed a settlement. She asked landlord to put her on probation for five years, with eviction following if she allowed her son back in the apartment. The DA objected to the proposed settlement. Tenant then sued the DA in State Supreme Court. She claimed that the DA didn't have the legal authority to require that the DA approve any settlement agreement between the landlord and tenant. The Supreme Court ruled for tenant. Real Property Actions and Proceedings Law Section 715 permitted the DA to require landlord to seek removal of a tenant, but it didn't provide that the DA must approve any settlement agreement once an eviction proceeding was commenced. The law does allow the DA to start its own proceedings if landlord fails to seek an eviction in good faith or to act diligently.

Perdomo v. Morgenthau: NYLJ, 12/5/07, p. 26, col. 1 (Sup. Ct. NY; Goodman, J)