Landlord Claims Criminal Activity by Tenant's Household Member

September 24, 2015

LVT Number: #26524

Landlord sued to evict tenant for permitting criminal activity in her apartment by a household member. The court ruled for landlord without a trial. Tenant appealed and won. An unsworn letter signed by an Assistant U.S. Attorney and submitted to a federal judge prior to a conference, which listed charges against tenant’s household member and stated the claims supporting the charges, was insufficient to prove as a matter of law that the household member had engaged in the prohibited criminal activity. The case was reopened and sent back to the lower court.

 

Landlord sued to evict tenant for permitting criminal activity in her apartment by a household member. The court ruled for landlord without a trial. Tenant appealed and won. An unsworn letter signed by an Assistant U.S. Attorney and submitted to a federal judge prior to a conference, which listed charges against tenant’s household member and stated the claims supporting the charges, was insufficient to prove as a matter of law that the household member had engaged in the prohibited criminal activity. The case was reopened and sent back to the lower court.

 

 

 

Rockville Centre Housing Authority v. Whitfield: 48 Misc.3d 141(A), 2015 NY Slip Op 51245(U) (App. T. 2 Dept.; 8/6/15; Iannacci, JP, Tolbert, Connolly, JJ)

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