Landlord Can't Evict Tenant After Drug Relapse

September 30, 2011

LVT Number: #23632

Landlord of a HUD-funded supportive housing program sued to evict tenant for drug use. Landlord and tenant signed a settlement agreement by which landlord agreed to delay eviction and reinstate the tenancy if tenant stayed drug-free for six months. Landlord later sought eviction when tenant again started using drugs. Tenant admitted that he relapsed after his brother died, but had enrolled in an intensive detox and rehabilitation program. The court ruled against landlord. Tenant had lived in the apartment for over nine years, and eviction would be a harsh result under the circumstances.

Landlord of a HUD-funded supportive housing program sued to evict tenant for drug use. Landlord and tenant signed a settlement agreement by which landlord agreed to delay eviction and reinstate the tenancy if tenant stayed drug-free for six months. Landlord later sought eviction when tenant again started using drugs. Tenant admitted that he relapsed after his brother died, but had enrolled in an intensive detox and rehabilitation program. The court ruled against landlord. Tenant had lived in the apartment for over nine years, and eviction would be a harsh result under the circumstances.

Community Housing Innovations, Inc. v. Ippolito, Index No. LT005958/10, NYLJ No. 1202514859324 (Dist. Ct. Nassau; 9/13/11; Fairgrieve, J)

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