Termination of Tenancy In New York Because of Drugs
In Satterwhite v. Hernandez (16 AD3d 131, 790 N.Y.S.2d 124 [1d Dept 2005]), police found in petitioner's public housing apartment, 69 rounds of .22 caliber ammunition, 45 packets of heroin and 52 rocks of crack cocaine.
The Court held that, "while we recognize the hardship to petitioner and her two minor children, we do not find that the penalty of termination shocks the conscience."
In Walker v. Franco (275 AD2d 627, 713 N.Y.S.2d 164 [1d Dept 2000]) the Court found, at 627:
During a search of petitioner's apartment, which was conducted pursuant to a no-knock search warrant, 151 vials of crack cocaine, packaged and ready for sale, a beeper, and a number of plastic bags and empty vials were thrown from a window of the apartment. After entering the apartment, the police discovered clear plastic vials with various tops and several cell phones. a triple-beam scale was also seized from a closet.
In upholding the termination of tenancy, the Walker Court concluded, at 628:
Finally, we note that petitioner's claim that she was unaware of the drug activity taking place in her apartment strains all bounds of credulity since petitioner was placed on probation before as a result of her son's drug involvement. In any event, all residents of public housing have a right to live in a safe, drug-free environment, which right is not diminished by the length of petitioner's tenancy, or her claim of blind ignorance