Tenant Arrested for Drug Dealing

Landlord sued to evict tenant upon the Queens County district attorney's demand, based on a claim that the apartment was used for drug dealing. Tenant had been arrested in front of the building for heroin possession. Tenant claimed that the arrest didn't occur in the building, and that the police never entered her apartment or saw the supposed storage and sale of drugs there. Tenant asked that the case be dismissed. The court ruled for tenant. There was no proof that the apartment and/or its immediate vicinity was being used for illegal purposes, or that there were other observations of drug sales by tenant. There was also no showing of the outcome of the criminal charge against tenant after she was arrested.

Gayle v. Hines: NYLJ, p. 29, col. 5 (1/28/98) (Civ. Ct. Queens; Greenbaum, J)