Drugs Found in Tenant's Apartment

April 30, 1999

LVT Number: 13178

Landlord NYCHA terminated the tenancy after finding that tenant was ''nondesirable.'' Tenant brought a court case, claiming that the termination was unreasonable. The court ruled that the termination was reasonable. A police officer had testified that he went into tenant's apartment with a warrant for her son's arrest. He saw over 300 envelopes of crack cocaine in plain view in a bedroom in the apartment. Tenant had claimed her son had moved out and that she didn't know there were drugs in her apartment. It didn't matter whether tenant's son was still in the apartment.

Landlord NYCHA terminated the tenancy after finding that tenant was ''nondesirable.'' Tenant brought a court case, claiming that the termination was unreasonable. The court ruled that the termination was reasonable. A police officer had testified that he went into tenant's apartment with a warrant for her son's arrest. He saw over 300 envelopes of crack cocaine in plain view in a bedroom in the apartment. Tenant had claimed her son had moved out and that she didn't know there were drugs in her apartment. It didn't matter whether tenant's son was still in the apartment. The drugs were obviously for sale and tenant's supposed lack of knowledge wasn't believable.

Woody v. Franco: NYLJ, p. 26, col. 1 (4/12/99) (App. Div. 1 Dept.; Ellerin, PJ, Tom, Wallach, Andrias, JJ)

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