Apr 30
Perhaps not, especially if your tenant is on a HUD lease such as Section 8.
In an April 11th, 2014 opinion a NY Appellate Court ruled against the landlord in the eviction case, finding that an arrest for possession
“was insufficient to meet its burden of showing that tenant engaged in “drug related criminal activity,” a term defined under governing federal regulations as “the illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute or use the drug” (24 CFR 5.100).”
It is difficult to believe, but the court did not view the tenant’s possession to be an intent to at least use the drugs.
That is surprising because all Sec 8 site-based housing HUD leases even contain a clause saying that the tenant need not be arrested or convicted for the criminal activity in order to have their tenancy terminated and evicted.