Eviction Case Against Tenant for Illegal Trade Dismissed as Untimely

Landlord sued to evict tenant for illegal trade due to tenant's arrest for trafficking in marijuana. Landlord also claimed that tenant violated a lease clause prohibiting unlawful purposes. The court granted tenant's request to dismiss the case. The District Attorney directed landlord to start the eviction case but waited until seven months after it filed criminal charges against tenant to do so. Landlord then waited four months before sending a termination notice and another four months to start the eviction proceeding based on a "bawdy house" claim. Since landlord waited more than a year from the date the offense was committed to start the case, it was untimely. Tenant was arrested on Oct. 25, 2015, and the case was started in housing court on Feb. 6, 2017. Landlord's additional claim that tenant violated his lease also was inconsistent with the bawdy house claim that tenant's lease was void.

Hudson Piers Assoc. LP v. Cortes: Index No. L&T 52090/17, NYLJ No. 1202792097341 (Civ. Ct. NY; 6/17/17; Stanley, J)