Landlord Seeks Eviction of Tenant Based on Son's Illegal Drug Activity

LVT Number: #27193

Landlord sued to evict Section 8 tenant for breach of her lease based on drug-related criminal activity by tenant’s son. Tenant asked the court to dismiss the case, claiming that the events in question occurred more than four years earlier and landlord had accepted rent since then. The court ruled against tenant.  Landlord’s termination notice was sufficiently specific and claimed that tenant’s son committed a crime against another building tenant in 2012.

Landlord sued to evict Section 8 tenant for breach of her lease based on drug-related criminal activity by tenant’s son. Tenant asked the court to dismiss the case, claiming that the events in question occurred more than four years earlier and landlord had accepted rent since then. The court ruled against tenant.  Landlord’s termination notice was sufficiently specific and claimed that tenant’s son committed a crime against another building tenant in 2012. And landlord’s acceptance of rent with knowledge of public housing tenant’s illegal drug activity does not waive tenant’s default under federal law. A trial was needed to determine the facts. While landlord may have to explain its delay at trial, there was no proof to date as to how and when tenant’s son was convicted or sentenced. 

 

 

 

Park Lake Residences, LP v. Patterson: 2016 NY Slip Op 26259, 2016 WL 4275106 (Dist. Ct. Nassau; 8/1/16; Fairgrieve, J)