Photo: Sampien/Shutterstock Realty Law Digest
In this week's Realty Law Digest, Scott Mollen discusses two landlord-tenant cases, "River Park Residences v. Williams," and "Kelly v. Williams."
November 08, 2022 at 12:29 PM
14 minute read
Landlord-Tenant—Landlord's Acceptance of E.R.A.P. Funds Did Not Bar Eviction WhereLease Was Rendered Void by Operation of Law Pursuant To RPL §231(1)—Tenant Used Apartment for Illegal Purposes (Selling Narcotics)—It Would Be Against "Public Policy To Hold That an Owner's Inadvertent or Deliberate Acceptance of Rent After Commission of an Illegal Act Could Operate To Waive the Illegality"
A landlord commenced a summary proceeding seeking possession of an apartment pursuant to R.P.A.P.L. §§711(5) and 715, R.P.L. §231(1), and "based upon the breach of a substantial obligation of the parties' lease due to Respondents' use of the subject premises for an illegal purpose of selling a controlled substance."
The NYC police department had executed a search warrant and seized cocaine, a razor blade with cocaine residue, marijuana and other drug paraphernalia. A respondent was arrested and charged with three felonies and two misdemeanors relating to possession of and intent to sell narcotics.
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