After illegal drugs were found inside the tenant's apartment, and criminal charges were filed, the landlord--Second Farms Neighborhood HDFC--started an eviction proceeding.
After trial, the Bronx County Civil Court dismissed HDFC's case, because it thought the landlord hadn't established that the apartment had been used to "facilitate trade in drugs."
On appeal, the Appellate Term, First Department, agreed that neither the quantity of contraband discovered at the apartment, nor charges filed against the tenant, supported the conclusion that the apartment was a "focal point" for drug activity or that illicit drug-use occurred there "customarily or habitually."
They sure facilitated the end of that.
To view a copy of the Appellate Term's decision, please use this link: Second Farms Neighborhood HDFC v. Lessington