Drugs and Gun Found in Apartment

May 31, 2011

LVT Number: #23417

Landlord NYCHA terminated tenant's lease based on nondesirability. Tenant appealed NYCHA's decision, claiming that it was unreasonable. The court ruled against tenant. Police had searched tenant's apartment with a warrant and found 56 bags of crack cocaine, drug paraphernalia, a loaded handgun, and four boxes of ammunition. The items all were in plain view, and tenant violated the terms of his lease by allowing this activity in his apartment. Tenant also was chronically late in paying his rent. Under all the circumstances, NYCHA's decision was reasonable.

Landlord NYCHA terminated tenant's lease based on nondesirability. Tenant appealed NYCHA's decision, claiming that it was unreasonable. The court ruled against tenant. Police had searched tenant's apartment with a warrant and found 56 bags of crack cocaine, drug paraphernalia, a loaded handgun, and four boxes of ammunition. The items all were in plain view, and tenant violated the terms of his lease by allowing this activity in his apartment. Tenant also was chronically late in paying his rent. Under all the circumstances, NYCHA's decision was reasonable.

Zimmerman v. NYCHA: NYLJ, 5/16/11, p. 18, col. 4 (App. Div. 1 Dept.; Gonzalez, PJ, Tom, Andrias, Moskowitz, Freedman, JJ)

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