Strict Liability Standard for Activities in Unit Doesn't Apply To Evictions Under New York Law

摘要

A public housing lease clause holding tenants strictly liable for criminal activities in their unit does not apply to an eviction case brought under New York state law, ruled the New York City Civil Court, New York County. The New York City Housing Authority (NYCHA) brought a proceeding under RPAPL Section 711(5) and 715 to evict public housing tenant Yolanda Grillasca after police found marijuana, three digital scales, a scanner, two cell phones, small green zip lock bags, a napkin with numbers on it, and about $113 in cash in the apartment she shared with her 28-year-old mentally disabled son. Police did not disclose in their report where in the apartment they found the marijuana.