Tenant's Husband Engaged in Drug-Related Activity

December 1, 1997

LVT Number: 11984

Landlord sued to evict Suffolk County HUD tenant for violating a lease clause prohibiting drug-related criminal activity on or near the housing complex by tenant or household members. Tenant's husband had pleaded guilty to cocaine possession in the vicinity of tenant's building. Landlord asked the court to decide the case without a trial. The court ruled against landlord, and landlord appealed and lost again. Husband's guilty plea was insufficient proof of drug-related activity at or near the building. A trial was needed to determine the facts.

Landlord sued to evict Suffolk County HUD tenant for violating a lease clause prohibiting drug-related criminal activity on or near the housing complex by tenant or household members. Tenant's husband had pleaded guilty to cocaine possession in the vicinity of tenant's building. Landlord asked the court to decide the case without a trial. The court ruled against landlord, and landlord appealed and lost again. Husband's guilty plea was insufficient proof of drug-related activity at or near the building. A trial was needed to determine the facts.

Whitman Village Housing Development Corp. v. Lewis: NYLJ, p. 33, col. 3 (11/4/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Floyd, JJ)

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