Eviction Petition Sufficiently Alleges Drug Sales

New York Tenants were served with a notice of termination for using the apartment for the illegal trade of the sale, storage, packaging or manufacturing of a controlled substance.

The notice contained a seven-point list of facts surrounding the arrest of the tenants inside the premises where they were in possession of marijuana.The tenants claimed that the eviction proceeding must be dismissed because the notice failed to lay-out the underpinnings of the illegal conduct complained of, rendering the notice vague, conclusory and defective.

The City of New York Civil Court, Richmond County held that the annexation of the following materials to the petition and the notice of termination gave clear notice of the events out of which the landlord’s grievance arose and served to allege adequately the elements of its cause of action: search warrant, arrest reports of the tenants, the Police Laboratory Controlled Substance Analysis Report indicating that marijuana was seized at the premises and the Police Report indicating that a scale and packaging materials were seized during the search and subsequent arrests.

The court held that the tenant’s participation or acquiescence in the use of the apartment for illegal drug sales may be inferred from the indicia of drug measurement, packaging and scales recovered in the search of the premises.

Recent Posts

NY Source of Income Antidiscrimination Law Ruled to be Unconstitutional

In People vs. Commons West, LLC, the Cortland County New York Supreme Court ruled the [...]

New York Landlord 2024 Legal Compliance Update

Feb 6, 2024 – Landlords and property managers will learn how to comply with federal, state [...]

9 Common Mistakes to Avoid With Emotional Support Animals

Attorney Robert Friedman contributed a fantastic article to RENT Magazine to help landlords avoid legal [...]

Can a NY Section 8 Tenant With an ERAP Application be Evicted for Nonpayment?

New York landlords may evict tenants where the stay imposed by a Section 8 subsidized [...]

Rochester, NY Landlord Who Violated Lead Protection Laws Ordered to Pay $5.1 Million

Questions about lead paint poisoning? Read about a Rochester, NY landlord who violated lead protection [...]

Stand-Up Rochester Rental Assistance System Re-Launched To Provide Relief While NY Awaits Additional Federal Aid

The City of Rochester and Rochester Urban Renewal Agency  (BURA) announced on November 26, 2021 [...]

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted

The Tenant Safe Harbor Act (“TSHA”) was signed into law by Governor Cuomo on June [...]

Leave a Reply