Tenant Who Sold Crystal Meth Didn't Commit Nuisance

Landlord sued to evict rent-stabilized tenant for creating a nuisance, based on the fact that tenant had pleaded guilty in federal court to selling methamphetamine in the street in 2009. The court ruled against landlord after a trial. Landlord produced no witnesses who complained about any conduct, drug-related or otherwise, by tenant at the building. Landlord claimed that federal prosecutors refused to respond to their court subpoenas. Tenant, on the other hand, produced four witnesses, all long-term friends and acquaintances, who testified on tenant's behalf. Each of these credible witnesses testified that they had known tenant for many years, had visited his apartment, had never seen drugs or drug paraphernalia there, did not themselves do drugs, and found tenant to be of good character. Landlord argued that the court should draw a negative inference from tenant's refusal to testify on his own behalf. But without more proof against tenant, the court refused to do so. There was no proof that tenant committed any criminal activity in his apartment or in the public areas of landlord's building complex.

ST Owner LP v. Novog: 2011 NY Slip Op 21078, 2011 WL 815675 (Civ. Ct. NY; 3/4/11; Wendt, J)