Present Credible Proof of Illegal Drug Activity to Evict

You can—and should—evict residents who engage in illegal drug activity in their units. But make sure you have adequate proof that the illegal activity took place.

Police testimony provided that credible proof in a recent New York case. The New York City Housing Authority (NYCHA) terminated a tenancy after finding that the resident allowed illegal drug transactions inside her unit and was chronically late paying rent. The resident appealed and lost. She argued that NYCHA's decision was arbitrary and unreasonable. She claimed that she had no knowledge of any drug dealing in her unit. But NYCHA's decision was supported by substantial evidence. A detective testified at the NYCHA hearing that the resident and others were arrested in the unit. He also testified that the resident was present when a confidential police informant made three buys of crack cocaine in the unit over a two-month period. NYCHA's records also showed that the resident repeatedly failed to pay her rent [Lugo v. New York City Housing Authority, January 2010].