New Trial Needed on Whether to Evict Tenant for Illegal Drug Activity

November 19, 2015

LVT Number: #26597

Landlord sued to evict tenant for illegal drug activity in a public housing apartment. The court ruled for landlord after a trial, finding that the apartment was used for the illegal business of packaging cocaine for distribution and sale. The court found that tenant knew or should have known of this activity. Tenant appealed and won. The trial court’s decision contained some findings of fact that weren’t supported by the record. The case was sent back to housing court for a new trial.

 

 

Landlord sued to evict tenant for illegal drug activity in a public housing apartment. The court ruled for landlord after a trial, finding that the apartment was used for the illegal business of packaging cocaine for distribution and sale. The court found that tenant knew or should have known of this activity. Tenant appealed and won. The trial court’s decision contained some findings of fact that weren’t supported by the record. The case was sent back to housing court for a new trial.

 

 

 

 

NYCHA v. Martinez: 49 Misc.3d 135(A), 2015 NY Slip Op 51484(U) (App. T. 1 Dept.; 10/7/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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