Drug Traffic in Tenant's Apartment

April 30, 1998

LVT Number: 12285

Landlord NYCHA terminated tenant's tenancy after holding a hearing and finding that tenant was nondesirable. The hearing officer found that drug traffic in tenant's apartment was ''so outrageous'' that it threatened the entire community of the housing project. Landlord then sued to evict tenant, and the court ruled for landlord. Tenant appealed. The appeals court ruled against tenant. Landlord NYCHA had the authority to determine that tenant should be evicted. If tenant wanted to challenge this determination, he should have filed an Article 78 proceeding in court.

Landlord NYCHA terminated tenant's tenancy after holding a hearing and finding that tenant was nondesirable. The hearing officer found that drug traffic in tenant's apartment was ''so outrageous'' that it threatened the entire community of the housing project. Landlord then sued to evict tenant, and the court ruled for landlord. Tenant appealed. The appeals court ruled against tenant. Landlord NYCHA had the authority to determine that tenant should be evicted. If tenant wanted to challenge this determination, he should have filed an Article 78 proceeding in court.

NYCHA v. Clark: NYLJ, p. 28, col. 3 (4/8/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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