Landlord Can Evict Section 8 Tenant for Drug Activity

LVT Number: #24465

Landlord sued to evict Section 8 tenant for drug-related criminal activity, in violation of tenant's lease. The court ruled against landlord after a trial and dismissed the case. Landlord appealed and won. Trial evidence proved that, during a lawful search of tenant's apartment, police recovered many plastic bags containing marijuana, a strainer, a scale containing cocaine residue, and a substantial amount of cash. The items were found in a locked closet for which tenant and her son had the only keys. Under the circumstances, tenant knew or should have known about the drug activity and failed to offer any credible explanation at trial.

Beautiful Village Associates Redevelopment Company v. Gomez: 2012 NY Slip Op 22330, 2012 WL 5854268 (App. T. 1 Dept.; 11/20/12; Shulman, JP, Hunter Jr., Torres, JJ)