Eviction Case Based on Drug Trafficking Dismissed as Untimely

In June 2006, the police arrested tenant for drug trafficking after finding drugs and paraphernalia in tenant's apartment through a search warrant. In January 2007, the D.A.'s office sent landlord a letter asking landlord to start an eviction proceeding against tenant under the State's Narcotics Eviction Program. Landlord started the eviction proceeding in February 2007. The court dismissed the case because landlord hadn't first sent a 20-day termination notice. Landlord started a second proceeding in October 2007. The court dismissed that case because landlord didn't first send tenant a seven-day notice to quit. Landlord started a third proceeding against tenant in April 2008. Tenant asked the court to dismiss the case, claiming that it was untimely. The court ruled for tenant. By law, a drug holdover case must be started within one year of the offense. Landlord had one year from tenant's June 2006 arrest to start the case. Landlord's second case was considered timely because the first case stopped the clock on the time limit. Landlord then had until January 2008 to start the case correctly. Landlord argued incorrectly that it had six months from the start of the second case to start the case again properly. The six months remaining to start the case properly started running after the first case, not the second one.

Shuhab HDFC v. Bates: NYLJ, 6/19/08, p. 26, col. 3 (Civ. Ct. NY; Chin, J)